The Director Of Income Tax,(International Taxation), Chennai v. M/S.ansaldo Energia Spa,Via N.lorenz 8

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 19.02.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal No.398 of 2011 The Director of Income Tax,(International Taxation), Chennai....Appellant Vs. M/s.Ansaldo Energia SpA,Via N.Lorenz 8,16152 Genoa Italy,C/o M/s.S.R.Batilboi & Co.,TPL House, 3, Cenatoph Road,Chennai – 600 018. ... Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras "B" Bench, dated 11.03.2011 passed inI.T.A.No.1378/Mds/2010 against the order of the Commissioner ofIncome Tax(Appeals)-IV Chennai dated 06.05.2010 in Appeal No.CIT(A)-IV/CHE/65/09-10 for the Assessment year 2000-01 against theAssessmet order of the Assistant Director of Income Tax(International Taxation)Chennai dated 29.12.2006. For Appellant : Mr.Karthick Ranganathan, Senior Standing Counsel For Respondent : Mr.N.V.Balaji J U D G M E N T(Delivered by M. DURAISWAMY, J) This appeal filed by the Department under Section 260A ofthe Income Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 11.03.2011 passed by the Income TaxAppellate Tribunal, Madras "D" Bench, Chennai ('the Tribunal'for brevity) in I.T.A.No.1378/Mds/2010 for the Assessment Year2000-01. The appeal was admitted on the following SubstantialQuestion of Law: https://hcservices.ecourts.gov.in/hcservices/ “Whether on the facts and in the circumstances ofthe case, the Income Tax Appellate Tribunal was rightin deleting the interest under Section 234B levied bythe Assessing Officer on the ground that interestought to be levied only after reducing the amount ofincome tax which would be deductible at source duringthe financial year whereas the correct interpretationof Section 234B read with Section 209(1)(d) would bethat when interest under Section 234 B was leviedafter the close of the financial year, the realshortfall after reducing the tax actually deducted atsource should be taken into consideration?” 2. We have heard Mr.Karthick Ranganathan, learned seniorstanding counsel for the appellant/ Revenue and Mr.N.V.Balaji,learned Counsel for the respondent/assessee. 3. It may not be necessary for this Court to decide theSubstantial Question 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. We are informed by the learned counsel for therespondent/assessee that the assessee has already filed therequisite Form - 1 on 31.01.2021 under Section 4 of the Act. 5. In the light of the fact that the assessee has alreadyavailed the benefit under the Act, no useful purpose would beserved in keeping this appeal pending. At the same time,safeguarding the interest of the assessee in the event the orderto be passed by the Department under the Act is not in favour ofthe assessee. Accordingly, the Tax Case Appeal stands disposedof on the ground that the assessee has already filed therequisite Form - 1 and the Department shall process theapplication at the earliest in accordance with the said Act andcommunicate the decision to the assessee at the earliest. Asobserved, 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 in restoration of the appeal and on such request made by theassessee by filing a Miscellaneous Petition for Restoration, theRegistry shall place such petition before the Division Bench fororders. 6. With this observation, the Tax Case Appeal standsdisposed of with the aforementioned liberty and consequently,the Substantial Questions of Law are left open. No costs. Sd/- Asst.Registrar /true copy/Sub Asst. RegistrarvaTo1. The RegistrarIncome Tax Appellate Tribunal, Madras "B" Bench 2.The Commissioner of Income Tax(Appeals-IV),Chennai3.The Assistant Director of Income Tax,(International Taxation)Chennai+1 cc to M/s.N.V.Balaji Advocate sr10859Tax Case Appeal No.398 of 2011ppa(co)aa18/03/2021