The Commissioner Of Income Tax, Chennai v. M/S.hyundai Motor India Ltd., Irungattukottai, Sriperumbudur Taluk, Kanchipuram District

In the High Court of Judicature at Madras Dated : 06.7.2020 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.963 of 2015 The Commissioner of Income Tax, Chennai ...Appellant/RespondentVs M/s.Hyundai Motor India Ltd.,Irungattukottai, SriperumbudurTaluk, Kanchipuram District. ...Respondent/Appellant APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 07.2.2014 made in S.P.No.107/Mds/2013 inITA.No.2353/Mds/ 2012 on the file of the Income Tax AppellateTribunal, Chennai 'B' Bench for the assessment year 2008-09against the Assessment order date 29.10.2012 made in GIR NO/PANo.AAACh2364 in for Assessment year 2008-2009 on the file ofDeputy Commissioner of Income Tax Large Tax Payer unit, Chennaiand the Directions issued dated 31.08.2012 made inDRP/CHE/17/2012 on the file of the Dispute Resolution panel,Chennai and the Assessment order date 31.10.2011 made in GIR/PANo.AAACH2364 in Assessment year 2007-2008 on the file of DeputyCommissioner of Income Tax, Large Tax payer unit Chennai andagainst the Order of the Commissioner of Income Tax (Appeals),Chennai -34, made in ITA No. dated against the Order of theIncome Tax Officer made in the order date 30.09.2011 made inF.NO.DRP/Chennai/Sectt/53/2011 on the file of the DisputeResolution panel(DRP) Chennai. We have heard Mr.T.Ravikumar and Mrs.R.Hemalatha learnedSenior Standing Counsel appearing for the appellant – Revenueand Mr.S.P. Chidambaram, learned counsel appearing for therespondent. https://hcservices.ecourts.gov.in/hcservices/ 2. This appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 (for short, the Act) is directedagainst the order dated 07.2.2014 made in S.P.No.107/Mds/2013 inITA.No.2353/Mds/2012 on the file of the Income Tax AppellateTribunal, Chennai 'B' Bench (for brevity, the Tribunal) for theassessment year 2008-09. 3. The appeal has been admitted on 24.11.2015 on thefollowing substantial questions of law :“i. Whether, on the facts and in thecircumstances of the case, the Tribunal wasright in extending the stay beyond theperiod of 365 days which is contrary to theThird Proviso stated in Section 254(2A) ofthe Income Tax Act, 1961 ?ii. Is not the finding of the Tribunalbad by extending the stay for a furtherperiod of 90 days on 07.2.2014 which wouldin aggregate amount to in all 506 days whichis contrary to the statutory provisionsenunciated in Section 254(2A) ThirdProviso ? Andiii. Whether the Tribunal has power togrant stay beyond 365 days in aggregateespecially when the Third Proviso to Section254(2A) clearly indicates that if the appealis not disposed of within the periodallowed, then the order of stay shall standvacated ?” 4. The learned Senior Standing Counsel appearing for theRevenue submit that the main appeal itself had already beendisposed of by the Tribunal. 5. The said submission of the learned Senior Standing Counselis recorded. 6. In view of the subsequent development, which took placeduring the pendency of this appeal, the necessity to decide thesubstantial questions of law framed for consideration would notarise, as the issues have become academic. 7. Accordingly, the above tax case appeal is closed leavingthe substantial questions of law framed for consideration to be https://hcservices.ecourts.gov.in/hcservices/ agitated in any other proceedings, if the respondent – assesseeor any other assessee deems it appropriate. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai 'B' Bench. 2.The Deputy Commissioner of Income Tax Large Tax Payer Unit, Chennai 3.The Secretary The Dispute Resolution panel Chennai-34 4.The Income Tax Officer Dispute Resolution Panel(DRP) Room no.217, II floor, Main Building, Aayakar Bhawan 121 Nungambakkam High Road, Chennai-34 7. Accordingly, the above tax case appeal is closed leavingthe substantial questions of law framed for consideration to be https://hcservices.ecourts.gov.in/hcservices/ agitated in any other proceedings, if the respondent – assesseeor any other assessee deems it appropriate. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai 'B' Bench. 2.The Deputy Commissioner of Income Tax Large Tax Payer Unit, Chennai 3.The Secretary The Dispute Resolution panel Chennai-34 4.The Income Tax Officer Dispute Resolution Panel(DRP) Room no.217, II floor, Main Building, Aayakar Bhawan 121 Nungambakkam High Road, Chennai-34 TCA.No.963 of 2015RLD(CO)RV(06/10/2020)