Madras High Court
M/S. Tube Investments Of India ... vs The Deputy Commissioner Of Income ... on 7 December, 2021
TCA No. 90 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2021
CORAM :
THE HON'BLE MR. JUSTICE R. MAHADEVAN
and
THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ
Tax Case Appeal No.90 of 2012
M/s. Tube Investments of India Limited
'Dare House'
No.234, N.S.C. Bose Road
Chennai - 600 001 .. Appellant
Versus
The Deputy Commissioner of Income Tax
Large Taxpayer Unit
Chennai - 600 101 .. Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961
against the order dated 09.09.2011 passed in ITA No.1757/Mds/2010 on the
file of Income Tax Appellate Tribunal, Chennai 'D' Bench.
For Appellant : Mr. K. Vaitheeswaran
For Respondent : Mr. T. Ravikumar
Senior Standing Counsel
JUDGMENT
(Judgment of the Court was delivered by R. MAHADEVAN, J)
This Tax Case Appeal has been filed by the appellant / Revenue
challenging the order dated 09.09.2011 passed by the Income Tax Appellate
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TCA No. 90 of 2012
Tribunal, Bench 'D', Chennai ('the Tribunal', for brevity) in
I.T.A.No.1757/mds/2010 for the Assessment Year 1998-1999.
2. The above appeal was admitted on 03.04.2012 on the following
substantial questions of law :
“1.Whether the Tribunal erred in law in holding that the
penalty order dated 17.06.2009 passed by the Assessing
Officer under Section 271 (1) (c) was not hit by the proviso to
Section 275 (1) (a) of the Act and was within limitation as
prescribed in the said section?
2. Whether on the facts and circumstances of the case,
the Tribunal erred in law in holding that, satisfaction, as
required for initiating penalty proceedings under Section 271
(1) (c) of the Act was recorded by the assessing officer in the
assessment order?
3. When the appeal is taken up for consideration, the learned counsel
appearing for the appellant/assessee submitted that during the pendency of this
tax case appeal, the assessee has filed the requisite Forms 1 and 2 under
Section 4 of the Direct Tax Vivad Se Vishwas Act, 2020, which were accepted
and Form 3 was issued to the assessee on 30.08.2021 by the Income Tax
Department. The learned counsel has also filed a memo to that effect. The
aforesaid submission made by the learned counsel for the appellant/assessee
has also been fairly conceded by the learned Senior Standing Counsel
appearing for the respondent/Revenue.
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TCA No. 90 of 2012
4. This court heard the submissions made by the learned counsel on
either side, as per which, the assessee has already availed the benefit conferred
under the beneficial legislation viz., the Direct Tax Vivad Se Vishwas Act,
2020, enacted for resolution of disputed tax and for matters connected
therewith or incidental thereto, which came into force with effect from
17.03.2020; and the declarations submitted by the assessee were also accepted
and Form 3 was also issued to them by the Income Tax Department. In view of
such development, it is unnecessary for this court to decide the substantial
questions of law arisen in this tax case appeal.
5. Therefore, recording the submissions so made by the learned
counsel on either side, this appeal stands disposed of, directing the department
to process the application at the earliest in accordance with the Act and
communicate the decision to the assessee at the earliest. No costs.
[R.M.D,J.] [M.S.Q, J.]
07.12.2021
rsh
Internet : Yes / No
Index : Yes / No
To
https://www.mhc.tn.gov.in/judis
TCA No. 90 of 2012
1.The Income Tax Appellate Tribunal, Madras “D” Bench
2. The Deputy Commissioner of Income Tax
Large Taxpayer Unit
Chennai - 600 101
https://www.mhc.tn.gov.in/judis
TCA No. 90 of 2012
R. MAHADEVAN, J
and
MOHAMMED SHAFFIQ, J
rsh
TCA No. 90 of 2012
07.12.2021
https://www.mhc.tn.gov.in/judis
