Madras High Court
M/S.Tamil Nadu Steel Tubes Ltd vs The Assistant Commissioner Of ... on 1 April, 2021
Tax Case Appeal No.100 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE T.V. THAMILSELVI
Tax Case Appeal No.100 of 2012
and
M.P.Nos.1 of 2013 & 1 of 2014
M/s.Tamil Nadu Steel Tubes Ltd.,
15, Kondy Chetty Street,
Chennai – 600 001. ... Appellant
Vs.
The Assistant Commissioner of Income-Tax,
Central Circle III(1),
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 "C"
Bench, dated 21.04.2011 passed in I.T.A.No.1369/Mds/2008.
For Appellant : Mr.P.R.Shankar
For Respondent : Mr.M.Swaminathan
Senior Standing Counsel
and Mrs.V.Pushpa
Standing Counsel
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Tax Case Appeal No.100 of 2012
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 21.04.2011 passed by the Income Tax Appellate Tribunal, Madras
"C" Bench, ('the Tribunal' for brevity) in I.T.A.No.1369/Mds/2008 for
the assessment year 1999-2000. The 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 as stated above, the Tribunal, is right in law to
cure the jurisdictional notice under Section 292 B, even
though there is no notice is issued for the assessment
year 1999-2000?
2.Whether on the facts and in the circumstances of
the case, the Tribunal is right in law by directing the
respondent to issue a fresh notice after the expiry of the
limitation period?
3.Whether on the facts and in the circumstances of
the case, the Tribunal is right in law by accepting a
Corrigendum Notice without issuing a valid Notice under
Section 148 for the re-assessment?”
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Tax Case Appeal No.100 of 2012
2. We have heard Mr.P.R.Shankar, 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
20.03.2021 and the learned counsel for the appellant seeks permission of
this Court to withdraw the appeal.
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Tax Case Appeal No.100 of 2012
5. In view of the submission made by the learned counsel for the
appellant, the Tax Case Appeal stands dismissed as withdrawn. No costs.
Consequently, connected miscellaneous petitions are closed.
[M.D., J.] [T.V.T.S., J.]
Index : Yes/No 01.04.2021
Internet : Yes
mkn
To
1. Income Tax Appellate Tribunal, Madras "C" Bench
2.The Assistant Commissioner of Income-Tax,
Central Circle III(1),
121, Nungambakkam High Road,
Chennai – 600 034.
Page 4/5
Tax Case Appeal No.100 of 2012
M. DURAISWAMY, J.
and
T.V. THAMILSELVI, J.
mkn
Tax Case Appeal No.100 of 2012
01.04.2021
Page 5/5
