The Commissioner Of Income Tax,Chennai v. M/S.indian Bank,254-260 Avvai Shanmugam Salai,Chennai – 600 014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.10.2021 CORAM THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANAandTHE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY T.C.A.Nos.503 to 506 of 2016 The Commissioner of Income Tax,Chennai...Appellant in all T.C.As. vs. M/s.Indian Bank,254-260 Avvai Shanmugam Salai,Chennai – 600 014. ..Respondent in all T.C.As. Common Prayer: Tax Case Appeals filed under Section 260-A of theIncome Tax Act, 1961 against the order passed by the Income TaxAppellate Tribunal made in M.P.Nos.137, 138, 139 & 140/Mds/2012in I.T.A.Nos.470 to 472/Mds/2010 & I.T.A.No.08/Mds/2007 relatingto the Assessment year 2004-05, 2005-06, 2006-07 & 2003-04,respectively against the order of the Commissioner of Income Tax(A)-III, Chennai-34 in ITA No.720/06-07/A-III dated 21/01/2010,ITA No.590/07-08/A-III dated 21/01/2010, ITA No.565/08-09/A-IIIdated 21/01/2010 and ITA No.353/2006-07/A-III dated 23/11/2006against the Assessment order of the Additional Commissioner ofIncome Tax, Company Range-II, Chennai dated 29/12/2006,31/12/2007, 31/12/2008, 31/03/2006, respectively. For Respondent : Mr.G.Baskar in all T.C.As. COMMON JUDGMENT (delivered by PUSHPA SATHYANARAYANA, J.) These appeals are directed against the order passed by theIncome Tax Appellate Tribunal 'D' Bench, Chennai in M.P.Nos.137,138, 139 & 140/Mds/2012 in I.T.A.Nos.470 to 472/Mds/2010 andI.T.A.No.08/Mds/2007 relating to the Assessment year 2004-05,2005-06, 2006-07 & 2003-04, respectively. 2. The Revenue had filed those Miscellaneous Petitions toconsider the amendment in Section 115JB(2) of the Income TaxAct, 1961, which was brought into statute by the Finance Act,2012. The said applications were dismissed by the Tribunalstating that the amendment, which was introduced in Section115JB of the said Act, has the effect only prospectively fromthe Assessment Year 2013-14 and not earlier and the Tribunal hadrightly applied the law as on that date and dismissed theapplications. 3. It is now stated by the appellant/Revenue that the mainI.T.As. were also disposed of and the appeals against the samepreferred by the Revenue in T.C.A.Nos.323, 324, 325 & 327 of2016 are also ripe for hearing. 4. As these appeals are arising out of the orders passed inthe Miscellaneous Petitions and the question involved is theapplicability of Section 115JB(2) of Income Tax Act, 1961, weare of the view that the appellant/Revenue may be given libertyto agitate this issue when the main appeals are taken up forhearing. 5. With the said liberty, these Tax Case Appeals aredisposed of. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rsi To 1.The Registrar, The Income Tax Appellate Tribunal 'D' Bench, Chennai. The Income Tax Appellate Tribunal 'D' Bench, Chennai. 2.The Commissioner of Income Tax, Chennai. Chennai. 3.The Additional Commissioner of Income Tax, Company Range-II, Chennai. Company Range-II, Chennai. 4.The Commissioner of Income Tax (A)-III, Chennai-34. Chennai-34. +4ccs to M/s.G.Baskar, Advocate Sr Nos.53990,53991,53992,53993 T.C.A.Nos.503 to 506 of 2016 PPA (CO)PR (15/11/2021)