Tca/64/2019 Of The Commissioner Of Income Tax v. M/S.cholamandalam Ms General Insurance Company Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.01.2019 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Tax Case (Appeal) Nos.64 to 67 of 2019andC.M.P.Nos.902, 715 and 716 of 2019in T.C(A).Nos.64, 66 and 67 of 2019 Commissioner of Income Tax,Larger Taxpayer Unit,Chennai. ... Appellantin all the Appeals -vs- M/s.Cholamandalam MS GeneralInsurance Company Limited,Dare House, No.2, NSC Bose Road,Chennai - 600 001.PAN: ... Respondentin all the Appeals COMMON PRAYER: Tax Case (Appeals) filed under Section 260-A ofthe Income Tax Act, 1961 against the order of the Income-taxAppellate Tribunal, “A” Bench, Chennai, dated 31.07.2018, passedinI.T.A.No.1618/Chny/2011,I.T.A.No.1674/Chny/2011,I.T.A.No.1675/Chny/2011 &I.T.A.No.1619/Chny/2011, for theassessment years 2003-2004 and 2004-2005. and against the Commissioner of Income Tax(Appeals) Largepayer Unit,Chennai 101 made in 44/08-09 LTU (A),ITA.43/08/09/LTU(A) dated 28/07/2011 for the assessment year2003-04 2004-05, ( in both) as against the assessment Order ofAssistant Commissioner of Income Tax, Large Tax payer unit,Chennai made in G.I.No. PA.No. AABCC6633K dated 19.12.2008 forthe assessment year 2004-2005 & 2003-04 (in both) For Appellantin all the appeals:Ms.V.PushpaSenior Standing Counselfor Mr.M.SwaminathanSenior Standing Counsel For Respondentin all the appeals:Mr.Sandeep Bagmar https://hcservices.ecourts.gov.in/hcservices/ COMMON JUDGMENT (Common Judgment was delivered by T.S.Sivagnanam, J.) These appeals filed by the revenue under Section 260A ofthe Income Tax Act, 1961 (hereinafter referred to as "the Act"),are directed against the orders of the Income-tax AppellateTribunal, “A” Bench, Chennai, dated 31.07.2018, passed inI.T.A.No.1618/Chny/2011,I.T.A.No.1674/Chny/2011,I.T.A.No.1675/Chny/2011&I.T.A.No.1619/Chny/2011, for the assessment years 2003-2004 and2004-2005. 2.These appeals have been filed by raising the followingsubstantial question of law:-" Whether the Tribunal was justified and correct inholding that reopening of assessment for theAssessment Year 2003-2004 and 2004-2005 in theabsence of any tangible material after assessmentunder Section 143(3) of the Act is not justified?" 3.It is submitted by the learned Senior Standing Counsel forthe appellant/revenue as well as the learned counsel for therespondent/assessee that an identical question of law has beenconsidered by us in T.C.(A).No.47 of 2019 and batch dated18.01.2019 and we have taken a decision against theappellant/revenue. 4.Since the issue is identical, the decision in T.C.(A).No.47 of 2019 dated 18.01.2019 will apply in full force to thecases on hand. Accordingly, following the said decision, thesetax case (appeals) are dismissed and consequently, thesubstantial question of law is answered in favour of theassessee. No costs. Consequently, connected miscellaneouspetitions are closed. Sd/- Assistant Registrar (CS-I) //True Copy// Sub Assistant Registrar cse To 1.The Income-tax Appellate Tribunal, “A” Bench, Chennai. 2.The Commissioner of Income Tax, Large Tax Payer, Unit, Chennai-101 3.The Assistant Commissioner of Income Tax, Larger Tax Payer Unit, Chennai. Larger Tax Payer Unit, Chennai. +2cc to Mr.Sandeep Bagmar, Advocate, S.R.No. 4389, 4390+1cc to Mr. Swaminathan, Advocate, S.R.No. 4667 T.C.(A).Nos.Nos.64 to 67 of 2019and C.M.P.Nos.902, 715 and 716 of 2019in T.C(A).Nos.64, 66 and 67 of 2019RR(CO)GN(14/03/2019)