The Commissioner Of Income Tax,Chennai v. Https://Hcservices.ecourts.gov.in/Hcservices

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAMTHE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE R. HEMALATHA Tax Case Appeal No.245 of 2020 The Commissioner of Income Tax,Chennai. ... Appellant Vs. Smt.Namita FomraC/o.Shri T.N.SeetharamanAdvocate, No.384 (Old No.196) Lloyds Road,Chennai – 600 086. ...Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Chennai "A" SMC Bench, dated 03.09.2019 passed inI.T.A.No.2924/Chny/2018, prefered against the order of theCommissioner of the Income Tax(Appeals)-5, Chennai order dated07/08/2018 made in ITA.No.200/CIT(A)-5/2017-18 prefered againstthe order of the Income Tax Officer Non-Corporate Ward-5(2)Chennai order dated 14.12.2017, made in PAN: for theAssessment year 2011-2012. For Appellant : Mr.T.Ravikumar Senior Standing CounselFor Respondent : Mr.R.Kumar This appeal filed by the Revenue under Section 260A of theIncome Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 03.09.2019 passed by the Income TaxAppellate Tribunal, Chennai "A" SMC Bench, ('the Tribunal' forbrevity) in I.T.A.No.2924/Chny/2018 for the assessment year2011-12. The above appeal has been admitted on 28.08.2020 on thefollowing Substantial Questions of Law: https://hcservices.ecourts.gov.in/hcservices/ "1.Whether, on the facts and in the circumstancesof the case, the Tribunal was right in setting asidethe well reasoned order passed by the AssessingOfficer for re-examination especially when theAssessing Officer had considered all the materialplaced while passing the assessment order? 2.Whether, on the facts and in the circumstancesof the case, the Tribunal was right in remitting theissue back to the Assessing Officer by quoting thedecision in the case of Kanhailal & Sons (HUF) in ITANo.1849/Chny/2014 Sunil Kumar Lalwani and that AasheshKumar Lalwani wherein the onus has been shifted to theRevenue with a direction that the Assessing Office isto bring on record the role of the assssee inpromoting the company and the relation of the assesseeif any with that of the promoters and role ofinflating of prices, etc. which exercise had alreadybeen done by the Assessing Officer and the SEBI? and 3.Is not the finding of the Tribunal perverseespecially when the decision of the Tribunal iscontrary to the time tested principle that the personwho asserts a fact has to discharge the initial burdencast upon to show that the said facts are true andonly thereafter the burden would shift to theDepartment?” 2. We have heard Mr.T.Ravikumar, learned Senior StandingCounsel for the appellant/Revenue and Mr.R.Kumar, learnedcounsel for the respondent/assessee. 3. It may not be necessary for this Court to decide theSubstantial Questions of Law framed for consideration on accountof certain subsequent developments. The Government of Indiaenacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3 of2020) to provide for resolution of disputed tax and for mattersconnected therewith or incidental thereto. The Act of theParliament received the assent of the President on 17[th] March2020 and published in the Gazette of India on 17[th] March 2020. 4.Learned counsel for the respondent/assessee submittedthat the assessee had availed the Vivad Se Vishwas Scheme andthat the respondent/assessee had already been issued with Form–3 on 15.01.2021. https://hcservices.ecourts.gov.in/hcservices/ 5.Since the respondent/assessee had been issued with Form-3,nothing survives for adjudication in the above appeal.Recording the submission made by the learned counsel for therespondent/assessee, the Tax Case Appeal stands disposed of. Nocosts. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar 4.Learned counsel for the respondent/assessee submittedthat the assessee had availed the Vivad Se Vishwas Scheme andthat the respondent/assessee had already been issued with Form–3 on 15.01.2021. https://hcservices.ecourts.gov.in/hcservices/ 5.Since the respondent/assessee had been issued with Form-3,nothing survives for adjudication in the above appeal.Recording the submission made by the learned counsel for therespondent/assessee, the Tax Case Appeal stands disposed of. Nocosts. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar mknTo1.Income Tax Appellate Tribunal, Chennai "A" SMC Bench, Chennai.2.The Commissioner of Income Tax, Chennai.3.The Commissioner of Income Tax Appeals(V), Chennai.4.The Income Tax Officer Non-Corporate Ward 5(2), Chennai.+1cc to Mr.T.Ravi Kumar, Advocate, S.R.No.23486Tax Case Appeal No.245 of 2020AJB(CO)CB(18/06/2021)