T.v.sundram Iyengar & Sons Ltd7-B, West Veli Streetmadurai v. The Commissioner Of Income Taxmadurai

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.12.2021 CORAM : THE HON'BLE MR.JUSTICE R.MAHADEVANAND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ TAX CASE APPEAL NO. 548 OF 2017 T.V.Sundram Iyengar & Sons Ltd7-B, West Veli StreetMadurai. ...Appellant/Appellant Vs. The Commissioner of Income TaxMadurai. ...Respondent/Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras “A” Bench, Chennai dated 15.09.2016 passed inI.T.A. No. 554/2016/Md/Chennai, against the order of theCommissioner of Income Tax(Appeals)-1, Madurai dated 30.12.2015in I.T.A.No.0117/2014-15, PAN.No. , against the orderof the Joint Commissioner of Income Tax Range – I, Madurai dated28.03.2014 in PAN.No. for the Assessment Year 2011-2012. This Tax Case Appeal has been filed by the appellant /Assessee challenging the order dated 15.09.2016 passed inI.T.A.No.554/Mds/2016 relating to the assessment year 2011-12passed by the Income Tax Appellate Tribunal, Bench 'A', Chennai('the Tribunal', for brevity). https://hcservices.ecourts.gov.in/hcservices/ 2.The above appeal was admitted on 28.11.2017 on thefollowing substantial questions of law : “1.Whether on the facts and in the circumstancesof the case, the Tribunal is justified in law indisallowing the foreign study expenses incurred by theassessee on six persons sponsored by it forundertaking higher studies abroad as personal expensesand not allowable under section 37 of the Income TaxAct, 1961 ? 2. Whether on the facts and in the circumstancesof the case, the Tribunal is justified in law inconfirming the disallowance under Section 14A of theAct, especially when ther eis no finding by theAssessing Officer that there was any error in theaccounts or that the assessee has actually incurredany expenses in relation to the dividend income?” 3.When the matter was taken up for consideration, thelearned counsel appearing for the appellant / assessee submittedthat during the pendency of this tax case appeal, the assesseehas filed the requisite Forms 1 and 2 under Section 4 (1) ofthe Direct Tax Vivad Se Vishwas Act, 2020, which were acceptedand Form 3 was issued to the assessee on 09.04.2021 by theIncome Tax Department. The learned counsel has also filed a memoalong with a copy of the Form 3 to that effect. 4.The aforesaid submission made by the learned counsel forthe appellant / assessee has also been fairly conceded by thelearned junior standing counsel appearing for the respondent /Revenue. 5.This court heard the submissions made by the learnedcounsel on either side, as per which, the assessee has alreadyavailed the benefit conferred under the beneficial legislationviz., the Direct Tax Vivad Se Vishwas Act, 2020, enacted forresolution of disputed tax and for matters connected therewithor incidental thereto, which came into force with effect from17.03.2020; and the declarations submitted by them were alsoaccepted and Form 3 was also issued to the assessee by theIncome Tax Department. In view of such development, it isunnecessary for this court to decide the substantial questionsof law arisen in these tax case appeals. 6.Therefore, recording the submissions so made by thelearned counsel on either side, this appeal stands disposed of,directing the department to process the application at the https://hcservices.ecourts.gov.in/hcservices/ earliest in accordance with the Act and communicate the decisionto the assessee at the earliest. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar Maya To 1. The Income Tax Appellate Tribunal Chennai “A” Bench Chennai “A” Bench 2. The Commissioner of Income Tax Madurai. Madurai. 3. The Commissioner of Income Tax(Appeals) – 1, Madurai. 4. The Joint Commissioner of Income Tax Range – I, Madurai. Range – I, Madurai. 6.Therefore, recording the submissions so made by thelearned counsel on either side, this appeal stands disposed of,directing the department to process the application at the https://hcservices.ecourts.gov.in/hcservices/ earliest in accordance with the Act and communicate the decisionto the assessee at the earliest. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar Maya To 1. The Income Tax Appellate Tribunal Chennai “A” Bench Chennai “A” Bench 2. The Commissioner of Income Tax Madurai. Madurai. 3. The Commissioner of Income Tax(Appeals) – 1, Madurai. 4. The Joint Commissioner of Income Tax Range – I, Madurai. Range – I, Madurai. +1cc to Mr.M.Swaminathan, Senior Standing Counsel, S.R.No.68418 Tax Case Appeal No. 548 of 2017 SMI(CO)RLP(03/01/2022)