The Commissioner Of Income Tax, Non Corporate Circle 10(4), Chennai v. Ms.suchita Raju Mehta

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal No.151 of 2020 The Commissioner of IncomeTax, Non Corporate Circle 10(4),Chennai...Appellant/RespondentVsMs.Suchita Raju Mehta...Respondent/Appellant 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.135/Chny/2019 for the assessment year 2015-16 againstthe order of the Commissioner of Income Tax (Appeals)-12 RoomNo. 226 Mani Building 2[nd] Floor, 121 Mahathma Gandhi Road,Chennai 600 034 dated 19.11.2018 I.T.A.No.64/CIT(A)-12/2017-2018PAN/ARJPS7890Q for the assessment year 2015-2016 and against theorder of the office of the Income Tax Officer, Non- CorporateWard 10(4) Room No. 616, 6[th] Floor, New Block 121 Mahathma GandhiRoad, Chennai 600 034 dated 26.12.2017 PAN No. forthe Assessment year 2015-2016. For Respondent: served and no appearance 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.135/Chny/2019 on the file of the Income Tax AppellateTribunal, Chennai, 'B' Bench ('the Tribunal' for brevity) forthe assessment year 2015-16. 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 her name printed in the cause list, non appears forher. 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 08.6.2020 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. s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Income Tax Appellate Tribunal, 'B' Bench, Chennai. 6. The tax case appeal stands disposed of with theaforementioned liberty. Consequently, the substantial questionsof law framed are left open. s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Income Tax Appellate Tribunal, 'B' Bench, Chennai. 2.The Commissioner of Income Tax (Appeals)12Room No. 226 Main Building 2[nd] Floor121 Mahathma Gandhi RoadChennaiRoom No. 226 Main Building 2[nd] Floor121 Mahathma Gandhi RoadChennai 3.The Income Tax OfficerNon Corporate Ward 10(4)Room No. 616, 6[th] Floor, New Block 121 Mahathma Gandhi RoadChennai 34. +1 Cc to Mr.M.Swaminathan, Advocate sr 42109. TCA.No.151 of 2020 AD(CO)SP(21/01/2021)