The Commissioner Of Income Tax, Non Corporate Circle 10(4), Chennai v. Mr.suresh Kumar (Huf

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.12.2020 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal No.153 of 2020 The Commissioner of IncomeTax, Non Corporate Circle 10(4),Chennai ...Appellant VsMr.Suresh Kumar (HUF)...Respondent APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 11.10.2019 passed by the Income TaxAppellate Tribunal, Madras 'B' Bench, Chennai made inI.T.A.No.134/Chny/2019 for the assessment year 2014-15 againstthe order dated 20.11.2018 made in ITA.No.70/CIT(A)-12/2017-18passed by the Commissioner of Income Tax(Appeals)-12, Chennaifor the Assessment year 2014-15, against the order date26.12.2017 made in PAN No.AAMH55343E passed by the Income TaxOfficer, Non Corporate Ward-10(4), Chennai-34 for the Assessmentyear 2014-15. For Appellant : Mr.M.Swaminathan, SSC assisted by Ms.V.Pushpa, JSCFor Respondent : served and no appearance 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)challengingtheorderdated11.10.2019madeinI.T.A.No.134/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 09.3.2020 on the followingsubstantial questions of law : https://hcservices.ecourts.gov.in/hcservices/ “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 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, 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. Though the respondent isserved and his name printed in the cause list, non appears forhim. 4. The learned Senior Standing Counsel appearing on behalfof the Revenue has been instructed by the Department to submitthat the assessee already filed the declaration/undertakingunder the Vivad Se Vishwas Scheme on 09.6.2020 seeking to availthe benefit of the scheme and is awaiting orders to be passed inForm 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. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar RS 6. The tax case appeal stands disposed of with theaforementioned liberty. Consequently, the substantial questionsof law framed are left open. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar RS To1.The Income Tax Appellate Tribunal, 'B' Bench, Chennai.2.The Commissioner of Income Tax(Appeals)-12, Chennai.3.The Income Tax Officer, Non Corporate Ward-10(4),Room No.b16,VI floor, Wanapathy Block,Aayakar Bhawan, No.121, Mahatma Gandhi Road,Chennai-600034+1cc to Mr.M.Swaminathan, Advocate, S.R.No.42108TCA.No.153 of 2020RLD(CO)KKV/07/01/2021