Tca/364/2020 Of Commissioner Of Income Tax v. Shri Vipul Munoth

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.11.2020CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANATax Case Appeal No.364 of 2020 The Commissioner of IncomeTax, Non Corporate Ward 10(5),Chennai ...Appellant APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 06.12.2019 passed by the Income TaxAppellate Tribunal, Madras 'A' Bench, Chennai made inI.T.A.No.3519/Chny/2018 for the assessment year 2015-16. Appeal against theorder dated 31/10/2018 inI.T.A.No.135/CIT(A) 12/2017-18 on the file of The Commissionerof Income Tax (Appeals-12), Chennai for the Assessment year2015-16 against the order of Income Tax officer dt.28/12/2017for the Assessment Year 2015-16 made in PAN/GIR/NO:ANHV8201A. Judgment was delivered by T.S.SIVAGNANAM,J This appeal has been filed by the Revenue under Section260A of the Income Tax Act, 1961 ('the Act' for brevity)challengingtheorderdated06.12.2019madeinI.T.A.No.3519/Chny/2018 on the file of the Income Tax AppellateTribunal, Chennai, 'A' Bench ('the Tribunal' for brevity) forthe assessment year 2015-16. 2. The above appeal has been admitted on 15.10.2020 on thefollowing substantial questions of law:“i. Whether the Income Tax AppellateTribunal was right and justified in settingaside the order passed by the AssessingOfficer to re-examine the matter when theAssessing Officer has already duly examinedthe matter before passing the assessmentorder ? and https://hcservices.ecourts.gov.in/hcservices/ ii. Whether the Income Tax AppellateTribunal was right and justified inremitting the issue back to the file of theAssessing Officer and shifting the onus tothe Revenue with a direction that theAssessing Officer shall bring on record therole of the assessee in promoting thecompany and the relationship of theassessee, if any, with the promoters, roleof the assessee in inflating the price ofshares, etc.?” 3. We have heard Mr.M.Swaminathan, learned Senior StandingCounsel appearing for the appellant/Revenue and Mr.P.Hari,learned counsel appearing for the respondent/assessee. 4. The learned counsel on behalf of the respondent/assesseesubmitsthattheassesseealreadyfiledthedeclaration/undertaking under the Vivad Se Vishwas Scheme on20.11.2020 and is awaiting orders to be passed in Form No.3. 5. In the light of the subsequent event, the CompetentAuthority shall process the application/declaration inaccordance with the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3of 2020) and pass appropriate orders as expeditiously aspossible. The assessee is given liberty to restore this appealin the event the ultimate decision to be taken on thedeclaration filed by the assessee under Section 4 of the saidAct is not in favour of the assessee. If such a prayer is made,the Registry shall entertain the prayer without insisting uponany application to be filed for condonation of delay inrestoration of the appeal and on such request made by theassessee by filing a miscellaneous petition for restoration, theRegistry shall place such petition before the appropriateDivision Bench for orders. 6. The tax case appeal stands disposed of with theaforementioned liberty and Consequently, the substantialquestions of law framed are left open. No costs. RS To 1 The Income Tax Appellate Tribunal, 'A' Bench, Chennai. 2 The Commissioner of Income tax (Appeal)12,Chennai. 3. The Commissioner of Income Tax, Non Corporate Ward 10(5),Chennai +1cc to M/s.M.Saminathan, Advocate SR.NO.37906TCA.No.364 of 2020RP COSDR 11/12/2020