Madras High Court
M/S.Vishnu Lakshmi Mills Pvt. Ltd vs The Deputy Commissioner Of ... on 26 April, 2021
Tax Case Appeal No.984 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE R. HEMALATHA
Tax Case Appeal No.984 of 2015
M/s.Vishnu Lakshmi Mills Pvt. Ltd.,
1C, Gleneden Place,
310, Poonamallee High Road,
Kilpauk,
Chennai – 600 010. ... Appellant
Vs.
The Deputy Commissioner of Income-Tax,
Company Circle-III (4),
121, Nungambakkam High Road,
Chennai – 600 034. ... Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961
against the order of the Income Tax Appellate Tribunal, Madras “B” Bench,
dated 19.08.2015 passed in I.T.A.No.2206/Mds/2014.
For Appellant : Mr.G.Baskar
For Respondent : Mr.M.Swaminathan
Senior Standing Counsel
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Tax Case Appeal No.984 of 2015
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 19.08.2015,
passed by the Income Tax Appellate Tribunal, Madras “B” Bench, Chennai
('the Tribunal' for brevity) in I.T.A.No.2206/Mds/2014 for the Assessment Year
2008-09. The above appeal was admitted on 16.10.2015 on the following
Substantial Questions of Law:
"1.Whether, on the facts and in the circumstances of the
case, the Income Tax Appellate Tribunal is right in law in holding
that the expenditure incurred by the appellant of an amount of
Rs.41,54,811/- is capital in nature and liable to be disallowed?
2.Whether, on the facts and in the circumstances of the
case, the Income Tax Appellate Tribunal is right in law in noting
that the expenditure incurred by the appellant on replacement of
components for carding and roving machines and ring frames is
revenue in nature and liable to be allowed in its computation of
income?”
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Tax Case Appeal No.984 of 2015
2. We have heard Mr.G.Baskar, learned counsel for the appellant/
assessee and Mr.M.Swaminathan, 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 17.12.2020 under
Section 4 of the Act.
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
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Tax Case Appeal No.984 of 2015
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.
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.] [R.H., J.]
26.04.2021
(2/2)
mkn
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Tax Case Appeal No.984 of 2015
Index : Yes/No
Internet : Yes
To
1.The Income Tax Appellate Tribunal, Madras “B” Bench
2.The Deputy Commissioner of Income-Tax,
Company Circle-III (4),
121, Nungambakkam High Road,
Chennai – 600 034.
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Tax Case Appeal No.984 of 2015
M. DURAISWAMY, J.
and
R. HEMALATHA, J.
mkn
Tax Case Appeal No.984 of 2015
26.04.2021
(2/2)
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