Madras High Court
M/S.Rajkumar Exports Pvt. Ltd vs The Assistant Commissioner Of ... on 29 April, 2021
Tax Case Appeal No.331 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE R. HEMALATHA
Tax Case Appeal No.331 of 2010
M/s.RajKumar Exports Pvt. Ltd.,
(now merged with Raj Kumar Impex Pvt. Ltd),
B 603, Keshav Durga Apartments,
No.1, East Avenue,
Keshav Perumal Puram, R.A.Puram,
Chennai – 600 028. ... Appellant
Vs.
The Assistant Commissioner of Income Tax,
Company Circle – V(3),
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 16.10.2009 passed in I.T.A.No.94/Mds/2009.
For Appellant : Mr.R.Venkata Narayanan
for M/s.Subbaraya Aiyar Padmanabhan
For Respondent : Mr.T.Ravikumar
Senior Standing Counsel
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Tax Case Appeal No.331 of 2010
JUDGMENT
(Delivered by M.DURAISWAMY, J.)
This appeal filed by the assessee under Section 260A of the
Income Tax Act, 1961 ('the Act' for brevity), is directed against the order
dated 16.10.2009 passed by the Income Tax Appellate Tribunal, Madras
"B" Bench, ('the Tribunal' for brevity) in I.T.A.No.94/Mds/2009 for the
assessment year 2004-05. The above appeal has been admitted on
28.06.2010 on the following Substantial Questions of Law:
"1.Whether on the facts and in the circumstances of
the case, the Tribunal was right in law in holding that the
relief u/s.80IA should be deducted from profits and gains
of business before computing relief u/s.80HHC?
2.Whether on the facts and in the circumstances of
the case, the Tribunal ought to have appreciated that
provision u/s.80IA(9) provides for avoidance of double
deduction under Section 80IA and 80HHC and does not
alter the method of computation of deduction u/s.80HHC?
3.Whether on the facts and in the circumstances of
the case, the Tribunal was right in holding that the
decision of the Hon'ble Madras High Court in the case of
M/s.BGeneral Optics (Asia) Ltd. v. DCIT (315 ITR 400) is
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Tax Case Appeal No.331 of 2010
applicable to the present case, when the decision was
based on the fact that 80IA(9) was not present in the
statute book for the relevant year?”
2. We have heard Mr.R.Venkata Narayanan for M/s.Subbaraya
Aiyar Padmanabhan, learned counsel for the appellant/assessee and
Mr.T.Ravikumar, 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 17th March 2020 and published in the Gazette of India on
17th March 2020.
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Tax Case Appeal No.331 of 2010
4. We are informed by the learned counsel for the appellant/
assessee that the assessee had already been issued with Form-5 on
23.04.2021 and the learned counsel for the appellant seeks permission of
this Court to withdraw the appeal.
5. In view of the submission made by the learned counsel for the
appellant, the Tax Case Appeal stands dismissed as withdrawn. No costs.
[M.D., J.] [R.H., J.]
29.04.2021
(2/2)
mkn
Index : Yes/No
Internet : Yes
To
1. Income Tax Appellate Tribunal, Madras "B" Bench
2.The Assistant Commissioner of Income Tax,
Company Circle – V(3),
Chennai – 600 034.
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Tax Case Appeal No.331 of 2010
M. DURAISWAMY, J.
and
R. HEMALATHA, J.
mkn
Tax Case Appeal No.331 of 2010
29.04.2021
(2/2)
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