The Commissioner Of Income Tax, Non Corporate Circle 14(3), Chennai v. M/S.phool Chand Mangal Chand

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 09.3.2021CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MS.JUSTICE R.N.MANJULATax Case Appeal No.91 of 2020 The Commissioner of Income Tax,Non Corporate Circle 14(3),Chennai.... AppellantVs M/s.Phool Chand Mangal ChandNo.37, Anna Nedumpathai,Choolaimedu, Chennai-600 094.... Respondent 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.1495/Chny/2019 for the assessment year 2014-15, madeagainst the order of the Commissioner of Income Tax Appeals-7,Chennai, in ITA No.319(T)/CIT(A)-7/2016-17, dated 27.03.2019 PANAAEHP1953M for the Assessment year 2014-15, against theAssessment Order dated 31.12.2016 made by the Income TaxOfficer, Non Corporate Ward-14(3), Chennai-34, for theassessment year 2014-15. For Appellant: Mr.M.Swaminathan, SSC assisted byMrs.V.Pushpa, JSCRespondent :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)challengingtheorderdated16.9.2019madeinI.T.A.No.1495/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 : ““i. 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 examined https://hcservices.ecourts.gov.in/hcservices/ the matter before passing the assessmentorder ? and ii. 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 Mrs.V.Pushpa, learned Junior StandingCounsel for the appellant/Revenue. Though the respondent isserved and their name printed in the cause list, none appearsfor the respondent. 4. The learned counsel for the assessee submits that theassessee already filed the declaration/undertaking under theVivad Se Vishwas Scheme and orders were passed on 18.12.2020 inForm No.3. 5. In the light of the subsequent event, the assessee isgiven liberty to restore this appeal in the event the ultimatedecision taken on the declaration filed by the assessee underSection 4 of the said Act is not in favour of the assessee. Ifsuch a prayer is made, the Registry shall entertain the prayerwithout insisting upon any application to be filed forcondonation of delay in restoration of the appeal and on suchrequest made by the assessee by filing a miscellaneous petitionfor restoration, the Registry shall place such petition beforethe appropriate Division 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(CS II) //True Copy// Sub Assistant Registrar To 1. The Income Tax Appellate Tribunal, 'B' Bench, Chennai. 'B' Bench, Chennai. 2. The Commissioner of Income Tax, Non-Corporate Circle 14(3), Chennai. Chennai. 3. The Commissioner of Income Tax (Appeals)-7, Chennai,. Chennai,. 4. The Income Tax Officer, Non Corporate Ward-14(3), Chennai-34. Chennai-34. +1cc to Mr.M.Swaminathan, Advocate, SR.No.15062. AK-II(CO)CSR 15.04.2021 TCA.No.91 of 2020