Tca/91/2014 Of Commissioner Of Income Tax v. Rakesh Sarin

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 8.9.2014 CORAM THE HON'BLE MR.JUSTICE R.SUDHAKARANDTHE HON'BLE MR.JUSTICE G.M.AKBAR ALI T.C.(A).No.91 and 92 of 2014 The Commissioner of Income TaxCentral Circle IIChennai. .. Appellant Rakesh Sarin .. Respondent PRAYER: Appeals under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal 'C' Bench, Chennai, dated 18.7.2013 made in ITA Nos.99 and 100/Mds/2013 for the assessment years 2008-2009 and 2009-2010. For Appellant :Mr.M.SwaminathanStanding Counsel For Respondent :Mr.K.Ravi J U D G M E N T (Delivered by R.SUDHAKAR, J.) These appeals are filed by the Revenue challenging the order of the Income Tax Appellate Tribunal 'C' Bench, Chennai, dated 18.7.2013 made in ITA Nos.99 and 100/Mds/2013 for the assessment years 2008-2009 and 2009-2010, raising the following substantial questions of law: (i) Whether on the facts and in the circumstances of the case, the Tribunal was right in dismissing the appeal of the department on the ground that the High Court had held that block assessment was without jurisdiction, which order had been already stayed in W.A.No.874 of 2011?case, the Tribunal was right in dismissing the appeal of the department on the ground that the High Court had held that block assessment was without jurisdiction, which order had been already stayed in W.A.No.874 of 2011? (ii) Whether on the facts and in the circumstances of the case, the Tribunal was right in dismissing the appeal of the department without going into the merits of the case or the grounds raised, especially when the First Bench of this Court had admitted W.A.No.874 of 2011?case, the Tribunal was right in dismissing the appeal of the department without going into the merits of the case or the grounds raised, especially when the First Bench of this Court had admitted W.A.No.874 of 2011? (iii)Whether on the facts and in the circumstances of the case, the Tribunal was right in deleting the additions made by the assessing officer without considering the issues raised on merits?”case, the Tribunal was right in deleting the additions made by the assessing officer without considering the issues raised on merits?” 2. When the matter was taken up for hearing today, the learned counsel on either side submitted that, in respect of the very same assessee, by order dated 24.9.2013 made in W.A.No.874 of 2011, this Court had allowed the revenue's appeal by holding that the block assessment was not barred by limitation and the Special Leave to Appeal (C) No.11750 of 2014 filed by the assessee was dismissed by the Supreme Court by order dated 8.8.2014. 3. That apart, following the order dated 24.9.2013 made in W.A.No.874 of 2011, a Division Bench of this Court, by judgment dated 21.10.2013 made in T.C.(A) No.677 of 2013, in the assessee's own case in respect of the block assessment years 1997-1998 to 2002-2003 and part of 2003-2004, has allowed the appeal and remitted the matter to the Tribunal for consideration of issues other than the point of limitation on merits. 4. In view of the above, these appeals are disposed of by setting aside the order of the Tribunal and remitting the matter to the Tribunal for consideration of the issues other than the point of limitation on merits. No costs. Consequently, M.P.No.1 of 2014 in T.C.(A) No.92 of 2014 is closed. Index:NoInternet:Yessasi (R.S.J.) (G.M.A.J.)8.9.2014 To:1. The Assistant Registrar,Income Tax Appellate TribunalChennai Bench "C", Chennai.1. The Assistant Registrar,Income Tax Appellate TribunalChennai Bench "C", Chennai. 2. The Secretary, Central Board of Direct Taxes, New Delhi.of Direct Taxes, New Delhi. 3. The Commissioner of Income Tax (Appeals) - IIChennai.Chennai. 4. The Deputy Commissioner of Income Tax Central Circle II(1), Chennai. Central Circle II(1), Chennai. (4) R.SUDHAKAR,J.and G.M.AKBAR ALI,J.(sasi) T.C.(A).No.91 and 92 of 2014