T.n.gopal v. Assistant Commissioner Of Income Tax,Salary Circle Iv, Aayakar Bhavan,New Block 5[Th] Floor

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.03.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal No.417 of 2010 T.N.Gopal ...Appellant/Respondent Vs. Assistant Commissioner of Income Tax,Salary Circle IV, Aayakar Bhavan,New Block 5[th] Floor, 121, M.G. Road,Chennai – 600 034. ...Respondent/Appellant Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras “C” Bench, dated 26.06.2009 passed inI.T.A.No.231/Mds/2008. Against the order of the Commissioner ofincome Tax (Appeals) – VI Chennai, dated 26.10.2007 and made inITA No.31.07.2008 against the assessment order, dated18.01.2006 of the Assistant Commissioner of Income Tax, Chennaiand made in PAN/GIR No. for the assessment year 2000-2001. For Appellant : Mr.R.SivaramanFor Respondent : Mr.T.Ravikumar Senior Standing Counsel J U D G M E N T (Delivered by M. DURAISWAMY, J) The appeal filed by the assessee under Section 260A of theIncome Tax Act, 1961 ('the Act' for brevity), is directedagainst the order, dated 26.06.2009, passed by the Income TaxAppellate Tribunal, Madras "C" Bench, Chennai ('the Tribunal'for brevity) in I.T.A.No.231/Mds/2008 for the Assessment Year2000-01. The above appeal was admitted on 07.06.2010 on thefollowing Substantial Question of Law: “Whether on the facts and circumstances of thecase the Appellate Tribunal is right in law in denying https://hcservices.ecourts.gov.in/hcservices/ the exemption under Section 54F of the Income TaxAct ?” 2. We have heard Mr.R.Sivaraman, learned counsel for theappellant/ assessee and Mr.T.Ravikumar, learned Senior StandingCounsel for the respondent/Revenue. 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 theappellant/assessee that the assessee has already filed therequisite Forms 1 & 2 on 18.02.2021 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 the 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 Forms 1 & 2 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 the appeal inthe event the ultimate decision to be taken on the declarationfiled by the assessee under Section 4 of the said Act is not infavour of the assessee. If such a prayer is made, the Registryshall entertain the prayer without insisting upon anyapplication to be filed for condonation of delay in restorationof the appeal and on such request made by the assessee by filinga Miscellaneous Petition for Restoration, the Registry shallplace such petition before the Division Bench for orders. 6. With this observation, the Tax Case Appeal standsdisposed of with the aforementioned liberty and consequently,the Substantial Question of Law is left open. No costs. Sd/- Assistant Registrar Sub Assistant Registrar (1/2) mknTo 1.The Income Tax Appellate Tribunal, Madras “C” Bench 6. With this observation, the Tax Case Appeal standsdisposed of with the aforementioned liberty and consequently,the Substantial Question of Law is left open. No costs. Sd/- Assistant Registrar Sub Assistant Registrar (1/2) mknTo 1.The Income Tax Appellate Tribunal, Madras “C” Bench 2.The Commissioner of Income Tax (Appeals)-VI, 121, Mahatma Gandhi Road, Chennai – 600 054 121, Mahatma Gandhi Road, Chennai – 600 054 3.The Assistant Commissioner of Income Tax, Salary Circle IV, Aayakar Bhavan, New Block 5[th] Floor, 121, M.G. Road, Chennai – 600 034. Salary Circle IV, Aayakar Bhavan, New Block 5[th] Floor, 121, M.G. Road, Chennai – 600 034. +1 CC TO MR.t.Ravikumar, Senior Standing Counsel for Income Tax Department vide SR.12607 for Income Tax Department vide SR.12607 Tax Case Appeal No.417 of 2010 (1/2)