Madras High Court
T.V.Sundram Iyengar & Sons Ltd vs The Commissioner Of Income Tax on 17 December, 2021
Tax Case Appeal Nos.331 and 800 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2021
CORAM :
THE HON'BLE MR. JUSTICE R. MAHADEVAN
AND
THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ
Tax Case Appeal Nos. 331 and 800 of 2015
T.C.A. No. 331 of 2015:-
T.V.Sundram Iyengar & Sons Ltd
Madurai. ... Appellant
Vs.
The Commissioner of Income Tax
Madurai. ... Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act,
1961 against the order of the Income Tax Appellate Tribunal, Madras “A”
Bench, Chennai dated 26.09.2014 passed in I.T.A.No.687/Chny/2014 for the
assessment year 2006-07.
For Appellant : Mr. N.V.Balaji
For Respondent : Mrs. V.Pushpa
Junior Standing Counsel
Page 1/6
https://www.mhc.tn.gov.in/judis
Tax Case Appeal Nos.331 and 800 of 2015
T.C.A. No. 800 of 2015:-
T.V.Sundram Iyengar & Sons Ltd
7-B, West Veli Street
Madurai. ... Appellant
Vs.
The Commissioner of Income Tax
Madurai. ... Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act,
1961 against the order of the Income Tax Appellate Tribunal, Madras “A”
Bench, Chennai dated 04.03.2015 passed in M.P. 1//Chn/2015 in
I.T.A.No.687/2014 for the assessment year 2006-07.
For Appellant : Mr. N.V.Balaji
For Respondent : Mrs. V.Pushpa
Junior Standing Counsel
COMMON JUDGMENT
(Judgment was delivered by R. MAHADEVAN, J.)
These Tax Case Appeals have been filed by the appellant / Assessee
challenging the order 26.09.2014 passed in I.T.A.No.687/Chny/2014 for the
Page 2/6
https://www.mhc.tn.gov.in/judis
Tax Case Appeal Nos.331 and 800 of 2015
assessment year 2006-07 as well as the order dated 04.03.2015 passed in
M.P. 1//Chn/2015 in I.T.A.No.687/2014 in respect of the same assessment
year i.e., 2006-07 passed by the Income Tax Appellate Tribunal, Bench 'A',
Chennai ('the Tribunal', for brevity).
2.By orders dated 24.08.2015, this court admitted the tax case appeals
on the following substantial questions of law:
TCA.No.331 of 2015:-
“1.Whether, on the facts and in the circumstances of the
case, the Tribunal is justified, in law, in confirming the appeal
and in holding that the reassessment for invoking section 50C
of the Act was valid ?
2. Whether, on the fact and in the circumstances of the
case, the Tribunal is right, in law, in upholding the
reassessment based on the Audit objection and in ignoring the
decision of the Supreme Court in the case of Indian & Eastern
News Paper Society v. CIT reported in 119 ITR 996 (SC)?
3. Whether, on the facts and in the circumstances of the
case, the Tribunal is right, in law, in confirming the
reassessment, for applying section 50C of the Act, based on
Collectors valuation report, without dealing with grounds
number three and four raised by the assessee?
Page 3/6
https://www.mhc.tn.gov.in/judis
Tax Case Appeal Nos.331 and 800 of 2015
TCA.No.800 of 2015:-
“Whether, on the facts and in the circumstances of the
case, the Tribunal, having fairly extracted the miscellaneous
petition filed by the assessee, is justified, in law, in not dealing
with the facts given therein and in holding that it would
amount to review of the order of the Tribunal?”
3.When the matters were taken up for consideration, the learned
counsel appearing for the appellant / assessee submitted that during the
pendency of these tax case appeals, the assessee has filed the requisite Forms
1 and 2 under Section 4 (1) of the Direct Tax Vivad Se Vishwas Act, 2020,
which were accepted and Form 3 was issued to the assessee on 18.03.2021
by the Income Tax Department. The learned counsel has also filed a memo
along with a copy of Form-3 to that effect.
4.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.
Page 4/6
https://www.mhc.tn.gov.in/judis
Tax Case Appeal Nos.331 and 800 of 2015
5.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 them were also accepted
and Form 3 was also issued to the assessee 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 these tax case appeals.
6.Therefore, recording the submissions so made by the learned counsel
on either side, these appeals stand disposed of, directing the department to
process the applications 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.]
17.12.2021
Page 5/6
https://www.mhc.tn.gov.in/judis
Tax Case Appeal Nos.331 and 800 of 2015
Index : Yes / No
Internet : Yes
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
Maya
To
1.The Income Tax Appellate Tribunal
Chennai “A” Bench
2.The Commissioner of Income Tax
Madurai.
Tax Case Appeal Nos. 331 & 800 of 2015
Dated : 17.12.2021
Page 6/6
https://www.mhc.tn.gov.in/judis
