Madras High Court
M/S.R.K.Knits vs The Assistant Commissioner Of ... on 29 April, 2021
Tax Case Appeal Nos.839 and 840 of 2008
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 Nos.839 and 840 of 2008
M/s.R.K.Knits,
#15, Race Course Road,
Guindy,
Chennai – 600 032. ... Appellant
in all appeals
Vs.
The Assistant Commissioner of Income Tax,
Business Circle-IV,
Chennai. ... Respondent
in all appeals
Tax Case Appeals in T.C.A.Nos.839 and 840 of 2008 filed under
Section 260A of the Income Tax Act, 1961 against the order of the
Income Tax Appellate Tribunal, Chennai "B" Bench, dated 24.08.2007
passed in I.T.A.Nos.183/Mds/2006 and 184/Mds/2006 respectively.
For Appellant : Mr.M.P.Senthil Kumar
in all appeals
For Respondent : Mr.M.Swaminathan
Senior Standing Counsel
and Mrs.V.Pushpa
Standing Counsel in all appeals
https://www.mhc.tn.gov.in/judis/
Page 1/5
Tax Case Appeal Nos.839 and 840 of 2008
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 24.08.2007 passed by the Income Tax Appellate Tribunal,
Chennai "B" Bench, ('the Tribunal' for brevity) in
I.T.A.Nos.183/Mds/2006 and 184/Mds/2006 for the assessment years
1999-2000 and 2000-01 respectively. The above appeals were admitted
on 08.07.2008 on the following substantial questions of law :
"1.Whether on the facts and in the circumstances of
the case the Income Tax Appellate Tribunal was right in law
in holding that the deduction u/s.80HHC of the Income Tax
Act, has to be computed on the profits of the business after
reducing the deduction allowed u/s.80IA of the Income Tax
Act, 1961?
2.Whether on the facts and in the circumstances of
the case, the Income Tax Appellate Tribunal was right in
not appreciating that the deduction u/s.80HHC must be
allowed first and then the deduction u/s.80IA of the Act?”
https://www.mhc.tn.gov.in/judis/
Page 2/5
Tax Case Appeal Nos.839 and 840 of 2008
2. We have heard Mr.M.P.Senthil Kumar, learned counsel for the
appellant/ assessee and Mr.M.Swaminathan, learned Senior Standing
Counsel and Mrs.V.Pushpa, learned 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.
4. We are informed by the learned counsel for the appellant/
assessee that the assessee had already been issued with Form-3 on
18.12.2020 in T.C.A.No.839 of 2008 and on 23.12.2020 in
T.C.A.No.840 of 2008 and the learned counsel for the appellant seeks
permission of this Court to withdraw the above appeals.
https://www.mhc.tn.gov.in/judis/
Page 3/5
Tax Case Appeal Nos.839 and 840 of 2008
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.]
29.04.2021
Index : Yes/No
Internet : Yes
mkn
To
1. Income Tax Appellate Tribunal, Chennai "B" Bench
2.The Assistant Commissioner of Income Tax,
Business Circle-IV,
Chennai.
https://www.mhc.tn.gov.in/judis/
Page 4/5
Tax Case Appeal Nos.839 and 840 of 2008
M. DURAISWAMY, J.
and
R. HEMALATHA, J.
mkn
Tax Case Appeal Nos.839 and 840 of 2008
29.04.2021
https://www.mhc.tn.gov.in/judis/
Page 5/5
