Madras High Court
Shri. K.Subramanian vs Assistant Commissioner Of Income ... on 20 April, 2021
Tax Case Appeal Nos.628 and 629 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE R. HEMALATHA
Tax Case Appeal Nos.628 and 629 of 2016
Shri. K.Subramanian
(Prop.Kavitha Dyeings), No.1/5-261,
Athiyur Road, Kadayampatti Post,
Bhavani – 638 302. ... Appellant
in all appeals
Vs.
Assistant Commissioner of Income Tax,
Circle-II,
Erode. ... Respondent
in all appeals
Tax Case Appeals in T.C.A.Nos.628 and 629 of 2016 filed under
Section 260A of the Income Tax Act, 1961 against the order of the
Income Tax Appellate Tribunal, Chennai "D" Bench, dated 26.02.2016
passed in I.T.A.Nos.2514/Mds/2014 and 2515/Mds/2014 respectively.
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Tax Case Appeal Nos.628 and 629 of 2016
For Appellant : Ms.K.C.Aarthi
in all appeals
For Respondent : Mr.T.R.Senthil Kumar
Senior Standing Counsel
in all appeals
COMMON JUDGMENT
(Delivered by M.DURAISWAMY, J.)
The above appeals filed by the assessee under Section 260A of the
Income Tax Act, 1961 ('the Act' for brevity), are directed against the
order dated 26.02.2016 passed by the Income Tax Appellate Tribunal,
Chennai "D" Bench, ('the Tribunal' for brevity) in
I.T.A.Nos.2514/Mds/2014 and 2515/Mds/2014 for the assessment years
2007-08 and 2008-09 respectively. The above appeals were admitted on
31.08.2016 on the following substantial question of law :
“Whether on the facts and in the circumstances of the
case, the Income Tax Appellate Tribunal is right in law in
treating the adjustment of the retention amount withheld by
Assessee out of the cost of the wind energy generator on
failure on the performance of the wind energy generator
with minimum guaranteed generation should be treated as
revenue receipt”
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Tax Case Appeal Nos.628 and 629 of 2016
2. We have heard Ms.K.C.Aarthi, learned counsel for the appellant/
assessee and Mr.T.R.Senthil Kumar, learned Senior Standing Counsel for
the respondent/Revenue.
3. It may not be necessary for this Court to decide the Substantial
Question of Law framed for consideration on account of certain
subsequent developments. The Government of India enacted the Direct
Tax Vivad Se Vishwas Act, 2020 (Act 3 of 2020) to provide for
resolution of disputed tax and for matters connected therewith or
incidental thereto. The Act of the Parliament received the assent of the
President on 17th March 2020 and published in the Gazette of India on
17th March 2020.
4. We are informed by the learned counsel for the appellant/
assessee that the assessee had already been issued with Form-3 on
15.04.2021 and the learned counsel for the appellant seeks permission of
this Court to withdraw the above appeals.
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Tax Case Appeal Nos.628 and 629 of 2016
5. In view of the submission made by the learned counsel for the
appellant/assessee, the above Tax Case Appeals stand dismissed as
withdrawn. No costs.
[M.D., J.] [R.H., J.]
20.04.2021
Index : Yes/No
Internet : Yes
mkn
To
1. Income Tax Appellate Tribunal, Chennai "D" Bench
2.The Assistant Commissioner of Income Tax,
Circle-II,
Erode.
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Tax Case Appeal Nos.628 and 629 of 2016
M. DURAISWAMY, J.
and
R. HEMALATHA, J.
mkn
Tax Case Appeal Nos.628 and 629 of 2016
20.04.2021
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