Madras High Court
Commissioner Of Income Tax Ii vs M/S.Life Cell International P. ... on 22 April, 2021
Tax Case Appeal No.782 of 2015
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.782 of 2015
Commissioner of Income Tax II,
121, Nungambakkam High Road,
Chennai – 600 034. ... Appellant
Vs.
M/s.Life Cell International P. Ltd.,
No.26, Vandalur Kelambakkam Road,
Keelkottaiyur,
Chennai – 600 048. ... Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act,
1961 against the order of the Income Tax Appellate Tribunal, Chennai
"C" Bench, dated 11.03.2015 passed in I.T.A.No.2142/Mds/2014,
Assessment year 2010-11.
For Appellant : Mr.Karthik Ranganathan
Senior Standing Counsel
For Respondent : Mr.N.V.Balaji
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Tax Case Appeal No.782 of 2015
JUDGMENT
(Delivered by M.DURAISWAMY, J.)
This appeal filed by the Revenue under Section 260A of the
Income Tax Act, 1961 ('the Act' for brevity), is directed against the order
dated 11.03.2015 passed by the Income Tax Appellate Tribunal, Chennai
"C" Bench, ('the Tribunal' for brevity) in I.T.A.No.2142/Mds/2014 for
the assessment year 2010-11. The above appeal has been admitted on
21.09.2015 on the following Substantial Questions of Law:
"1.Whether, on the facts and in the circumstances of
the case, the Appellate Tribunal is correct in holding that
the storage fee collected by the assessee in lumpsum cannot
be treated as income of the year of receipt, which is
contrary to Section 5(1) of the Income Tax Act?
2.Whether, on the facts and in the circumstances of
the case and in law, the Tribunal is correct in holding that
the lumpsum fee collected for 21 years is to be taxed on pro
rata basis when the assessee is following Mercantile system
of accounting?”
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Tax Case Appeal No.782 of 2015
2. We have heard Mr.Karthik Ranganathan, learned Senior
Standing 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 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 17th March 2020 and published in the Gazette of India on
17th March 2020.
4.Learned counsel for the respondent/assessee submitted that the
assessee had availed the Vivad Se Vishwas Scheme and that the
respondent/assessee had already been issued with Form–3 on
30.12.2020.
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Tax Case Appeal No.782 of 2015
5.Since the respondent/assessee had been issued with Form-3,
nothing survives for adjudication in the above appeal. Recording the
submission made by the learned counsel for the respondent/assessee, the
Tax Case Appeal stands disposed of. No costs.
[M.D., J.] [K.R., J.]
22.04.2021
Index : Yes/No
Internet : Yes
mkn
To
1. Income Tax Appellate Tribunal, Chennai "C" Bench
2.The Commissioner of Income Tax II,
121, Nungambakkam High Road,
Chennai – 600 034.
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Tax Case Appeal No.782 of 2015
M. DURAISWAMY, J.
and
KRISHNAN RAMASAMY, J.
mkn
Tax Case Appeal No.782 of 2015
22.04.2021
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