Tca/99/2020 Of Commissioner Of Income Tax v. Shri Ramautar Agarwal

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 19.1.2021CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MS.JUSTICE R.N.MANJULATax Case Appeal No.99 of 2020 The Commissioner of Income Tax,Non Corporate Circle 10(1),Chennai ...Appellant APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 16.9.2019 passed by the Income TaxAppellateTribunal,'B'Bench,ChennaimadeinI.T.A.No.211/Chny/2019 for the assessment year 2014-15. Appeal filed against the order passed by the Commissioner ofIncome-Tax(A) Chennai-34 dated 28/12/2018 made in ITA.No.146/CIT(A)12/2016-2017, and against the Assessment order passed by theAssistant Commissioner of Income Tax, Non Corporate Circle-10(1), Chennai, dated 30/12/2016 made in PAN . For Appellant: Mr.M.Swaminathan, SSC assisted byMs.V.Pushpa, JSCFor Respondent: Mr.A.S.SriramanJudgment 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)challengingtheorderdated16.9.2019madeinI.T.A.No.211/Chny/2019 on the file of the Income Tax AppellateTribunal, Chennai, 'B' Bench ('the Tribunal' for brevity) forthe assessment year 2014-15. 2. The appeal was admitted on 19.2.2020 on the followingsubstantial questions of law:“1. 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 2. Whether the Income https://hcservices.ecourts.gov.in/hcservices/ Tax Appellate Tribunal was right injustified in remitting the issue back to thefile of the Assessing Officer and shiftingthe onus to the Revenue with a directionthat the Assessing Officer shall bring onrecord the role of the assessee in promotingthe company and the relationship of theassessee, if any with the promoters, role ofthe assessee in inflating the price ofshares etc. ?” 3. We have heard Mr.M.Swaminathan, learned Senior StandingCounsel assisted by Ms.V.Pushpa, learned Junior Standing Counselappearing for the appellant/Revenue and Mr.A.S.Sriraman, learnedcounsel appearing for the respondent/assessee. 4. The learned counsel on behalf of the respondent/assesseesubmits that the respondent/assessee already filed thedeclaration/ undertaking under the Vivad Se Vishwas Scheme on29.12.2020 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. Consequently, the substantial questionsof law framed are left open. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar rs To 1.The Income Tax Appellate Tribunal, 'B' Bench, Chennai. 2.The Commissioner of Income Tax(A)ChennaiChennai 3.The Assistant Commissioner of Income TaxNon Commissioner of Income Tax, Non Corporate Circle-10(1),Chennai +1 cc to Mr.M.Swaminathan Advocate sr2445 TCA.No.99 of 2020ev(co)aa10/02/2021