Madras High Court
T.V.Sundram Iyengar & Sons Ltd vs The Commissioner Of Income Tax on 17 December, 2021
Tax Case Appeal No. 548 of 2017
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 No. 548 of 2017
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 15.09.2016 passed in I.T.A. No.
554/2016/Md/Chennai for the assessment year 2011-12.
For Appellant : Mr. N.V.Balaji
For Respondent : Mrs. V.Pushpa
Junior Standing Counsel
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Tax Case Appeal No. 548 of 2017
JUDGMENT
(Judgment was delivered by R. MAHADEVAN, J.)
This Tax Case Appeal has been filed by the appellant / Assessee
challenging the order dated 15.09.2016 passed in I.T.A.No.554/Mds/2016
relating to the assessment year 2011-12 passed by the Income Tax Appellate
Tribunal, Bench 'A', Chennai ('the Tribunal', for brevity).
2.The above appeal was admitted on 28.11.2017 on the following
substantial questions of law :
“1.Whether on the facts and in the circumstances of the
case, the Tribunal is justified in law in disallowing the foreign
study expenses incurred by the assessee on six persons
sponsored by it for undertaking higher studies abroad as
personal expenses and not allowable under section 37 of the
Income Tax Act, 1961 ?
2. Whether on the facts and in the circumstances of the
case, the Tribunal is justified in law in confirming the
disallowance under Section 14A of the Act, especially when
ther eis no finding by the Assessing Officer that there was any
error in the accounts or that the assessee has actually incurred
any expenses in relation to the dividend income?”
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Tax Case Appeal No. 548 of 2017
3.When the matter was 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 (1) of the Direct Tax Vivad Se Vishwas Act, 2020, which were
accepted and Form 3 was issued to the assessee on 09.04.2021 by the Income
Tax Department. The learned counsel has also filed a memo along with a
copy of the 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 junior
standing counsel appearing for the respondent / Revenue.
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
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Tax Case Appeal No. 548 of 2017
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, 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.]
17.12.2021
Index : Yes / No
Internet : Yes
Maya
To
1.The Income Tax Appellate Tribunal
Chennai “A” Bench
2.The Commissioner of Income Tax
Madurai.
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Tax Case Appeal No. 548 of 2017
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
Maya
Tax Case Appeal No. 548 of 2017
Dated : 17.12.2021
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