The Commissioner Of Incometax, Non Corporate Circle 10(3),Chennai v. Shri Praveen Kumar Surana

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal No.191 of 2020 The Commissioner of IncomeTax, Non Corporate Circle 10(3),Chennai ...Appellant/Respondent Vs Shri Praveen Kumar Surana ...Respondent/Appellant APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 01.10.2019 passed by the Income TaxAppellate Tribunal, Madras 'C' Bench, Chennai made inI.T.A.No.604/Chny/2019 for the assessment year 2010-11, andagainst the order passed by the Commissioner of Income Tax(Appeals)-12, Chennai made in ITA 143/CIT (A)-12/2017-18 dated28/01/2019 and against the order passed by the Income TaxOfficer, Non Corporate Ward-10(3), Chennai, made in PANo.AAGPP9842D dated 18/12/2017 for Assessment Year 2011-2012. For Appellant: Mr.M.Swaminathan, SSCassisted by Ms.V.Pushpa, JSC For Respondent: Mr.Ashok Pathy for M/s.Pass Associates 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)challengingtheorderdated01.10.2019madeinI.T.A.No.604/Chny/2019 on the file of the Income Tax AppellateTribunal, Chennai, 'C' Bench ('the Tribunal' for brevity) forthe assessment year 2010-11. https://hcservices.ecourts.gov.in/hcservices/ 2. The appeal was admitted on 24.7.2020 on the followingsubstantial questions of law : “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 the assesseeif any with the promoters, role of theassessee in inflating the price of shares, etc.?” 3. We have heard Mr.M.Swaminathan, learned Senior StandingCounsel assisted by Ms.V.Pushpa, learned Junior Standing Counselappearing for the appellant/Revenue and Mr.Ashok Pathy, learnedcounsel appearing for the respondent/assessee. 4. The learned counsel on behalf of the assessee submitsthat the assessee already filed the declaration/undertakingunder the Vivad Se Vishwas Scheme on 03.11.2020 and is awaitingorders to be passed in Form 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. No costs. Sd/- Assistant Registrar(CS IX) 6. The tax case appeal stands disposed of with theaforementioned liberty. Consequently, the substantial questionsof law framed are left open. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant RegistrarTo1.The Income Tax Appellate Tribunal, 'C' Bench, Chennai.2.The Commissioner of Income Tax, Non corporate Circle 10(3), Chennai.3.The Commissioner of Income Tax (Appeals)-12, Chennai.4.The Income Tax Officer, Non Corporate Ward 10(3), Chennai.+1cc to M/s.Pass Associates, Advocate Sr.42169+1cc to Mr.M.Saminathan, Advocate Sr.42110TCA.No.191 of 2020ca[co]srg 07/01/2021