Madras High Court
Shri G. Shanmuganathan vs The Assistant Commissioner Of ... on 22 April, 2021
Tax Case Appeal No.271 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY
AND
THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY
Tax Case Appeal No.271 of 2021
Shri G. Shanmuganathan,
Lakshmi House,
7/8, Palakkad Main Road,
Kuniamuthur,
Coimbatore – 641 008. ... Appellant
Vs.
The Assistant Commissioner of Income Tax,
Central Circle – I,
Aayakar Bhavan,
63, Race Course Road,
Coimbatore – 641 018. ... Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961
against the order of the Income Tax Appellate Tribunal, Madras “A” Bench,
dated 04.11.2016 passed in I.T.A.No.569/Mds/2016, Assessment Year 2009-
10.
For Appellant : Mr.M.P.Senthil Kumar
For Respondent : Mr.T.R.Senthil Kumar
Senior Standing Counsel
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Tax Case Appeal No.271 of 2021
JUDGMENT
(Delivered by M. DURAISWAMY, J)
The appeal filed by the assessee under Section 260A of the Income Tax
Act, 1961 ('the Act' for brevity), is directed against the order, dated 04.11.2016,
passed by the Income Tax Appellate Tribunal, Madras “A” Bench, Chennai
('the Tribunal' for brevity) in I.T.A.No.569/Mds/2016 for the Assessment Year
2009-10. The appellant/assessee has raised the following Substantial Questions
of Law in the above appeal:
"1.Whether on the facts and in the circumstances of the
case, the Income Tax Appellate Tribunal was perverse in vacating
the findings of the Commissioner of Income Tax (Appeals) and
confirming the order of Assessing Officer?
2.Whether on the facts and in the circumstances of the
case, the Income Tax Appellate Tribunal was right in holding that
the transaction of sale of agricultural land would be treated as
“Adventure in the nature of Trade”?
3.Whether on the facts and in the circumstances of the
case, the land sold by the Appellant was agricultural land as per
the evidence placed on record and sale of the same could not be
treated as Adventure in the nature of Trade, to treat it as “Income
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Tax Case Appeal No.271 of 2021
from Business”?”
2. We have heard Mr.M.P.Senthil Kumar, 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
Questions 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 17 th 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 has already filed the requisite Forms 1 & 2 on 31.03.2021 under
Section 4 of the Act.
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Tax Case Appeal No.271 of 2021
5. In the light of the fact that the assessee has already availed the benefit
under the Act, no useful purpose would be served in keeping the appeal
pending. At the same time, safeguarding the interest of the assessee in the
event the order to be passed by the Department under the Act is not in favour of
the assessee. Accordingly, the Tax Case Appeal stands disposed of on the
ground that the assessee has already filed the requisite Forms 1 & 2 and the
Department shall process the application at the earliest in accordance with the
said Act and communicate the decision to the assessee at the earliest. As
observed, the assessee is given liberty to restore the appeal in the event the
ultimate decision to be taken on the declaration filed by the assessee under
Section 4 of the said Act is not in favour of the assessee. If such a prayer is
made, the Registry shall entertain the prayer without insisting upon any
application to be filed for condonation of delay in restoration of the appeal and
on such request made by the assessee by filing a Miscellaneous Petition for
Restoration, the Registry shall place such petition before the Division Bench
for orders.
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Tax Case Appeal No.271 of 2021
6. With this observation, the Tax Case Appeal stands disposed of with
the aforementioned liberty and consequently, the Substantial Questions of Law
are left open. No costs.
[M.D., J.] [K.R., J.]
22.04.2021
Index : Yes/No
Internet : Yes
mkn
To
1.The Income Tax Appellate Tribunal, Madras “A” Bench
2.The Assistant Commissioner of Income Tax,
Central Circle – I,
Aayakar Bhavan,
63, Race Course Road,
Coimbatore – 641 018.
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Tax Case Appeal No.271 of 2021
M. DURAISWAMY, J.
and
KRISHNAN RAMASAMY, J.
mkn
Tax Case Appeal No.271 of 2021
22.04.2021
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