Tca/315/2015 Of The Commissioner Of Income Tax v. M/S Neyveli Lignite Corp Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE R. HEMALATHA Tax Case Appeal No.315 of 2015 The Commissioner of Income Tax,Chennai. ... Appellant M/s.Neyveli Lignite Corporation Ltd.,(F&AB) Income Tax Section,Corporate Office, Neyveli – 607 801. ...Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Chennai "C" Bench, dated 31.07.2013 passed inI.T.A.No.1946/Mds/2012. Preferred against the order of the Commissioner of IncomeTax (Appeals)Large Tax Payer Unit, Chennai dated 09.07.2012passed on I.T.A.No.68/2011-2012/LTU(A). Preferred against theorder of the Joint Commissioner of Income Tax Large Tax PayerUnit, Chennai dated 14.12.2011 passed on GI.No./PA.No.AAACN1121C This appeal filed by the Revenue under Section 260A of theIncome Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 31.07.2013 passed by the Income TaxAppellate Tribunal, Chennai "C" Bench, ('the Tribunal' for https://hcservices.ecourts.gov.in/hcservices/ brevity) in I.T.A.No.1946/Mds/2012 for the assessment year2006-2007. The above appeal has been admitted on 20.07.2015 onthe following Substantial Question of Law: “Whether on the facts and circumstances of thecase, the Tribunal was right in holding that thereopening of assessment was invalid when theprovisions of Section 147 of the Income Tax Act stoodattracted?” 2. We have heard Mr.T.Ravi Kumar, learned Senior StandingCounsel for the appellant/Revenue and Ms.G.Janane forM/s.LakshmiKumaran,learnedcounselfortherespondent/assessee. 3. It may not be necessary for this Court to decide theSubstantial Question of Law framed for consideration on accountof certain subsequent developments. The Government of Indiaenacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3 of2020) to provide for resolution of disputed tax and for mattersconnected therewith or incidental thereto. The Act of theParliament received the assent of the President on 17[th] March2020 and published in the Gazette of India on 17[th] March 2020. 4.Learned counsel for the respondent/assessee submittedthat the assessee had availed the Vivad Se Vishwas Scheme andthat the respondent/assessee had already been issued with Form–3 on 08.03.2021. 5.Since the respondent/assessee had been issued with Form-3,nothing survives for adjudication in the above appeal.Recording the submission made by the learned counsel for therespondent/assessee, the Tax Case Appeal stands disposed of. Nocosts. Sd/- Assistant Registrar(CS VII) //True Copy// mkn Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1. The Income Tax Appellate Tribunal, Chennai "C" Bench Chennai Chennai 2. The Commissioner of Income Tax, (Appeals),Large Tax Payer Unit Chennai. (Appeals),Large Tax Payer Unit Chennai. 3. The Joint Commissioner of Income Tax, Large Tax Payer Unit, Chennai. Large Tax Payer Unit, Chennai. +1cc to M/S.T. Ravi Kumar, Advocate, S.R.No.29902 Tax Case Appeal No.315 of 2015 GSM(CO)PM(16/07/2021)