Madras High Court
M/S. Cri Pumps P Ltd vs The Deputy Commissioner Of Income ... on 20 December, 2021
T.C.A. No. 598 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2021
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
T.C.A. No. 598 of 2021
M/s. CRI Pumps P Ltd
7/46-1, Keeranantham Road
Saravanampatty
Coimbatore
PAN: AAACC 9497N .. Appellant
Versus
The Deputy Commissioner of Income Tax
Corporate Circle - 2
Coimbatore. .. Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act,
1961 against the order of the Income Tax Appellate Tribunal, “C” Bench,
Chennai dated 23.11.2016 passed in I.T.A.No.1049/Mds/2016.
For Appellant : Mr.S. Sridhar
For Respondent : Mr.M. Swaminathan
Senior Standing Counsel
assisted by Mrs.Usha Rani
Junior Standing Counsel
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T.C.A. No. 598 of 2021
JUDGMENT
(Judgment of the Court was delivered by R. MAHADEVAN, J.)
This Tax Case Appeal has been filed by the appellant / Assessee
challenging the order dated 23.11.2016 passed by the Income Tax Appellate
Tribunal, Bench 'C', Chennai ('the Tribunal', for brevity) in
I.T.A.No.1049/Mds/2016 for the Assessment Year 2011-2012 by raising the
following substantial questions of law :
“1.Whether the Appellate Tribunal is correct in
interpreting the provisions of section 32(1)(iia) of the Act so as
to restrict the claim of additional depreciation relating to the
plant & machinery installed and used in the appellant's
business in the first year and not in the subsequent assessment
years on the presumption of grant of such benefit by the statute
was allowable once and not in the later assessment years?
2. Whether on the facts and in the circumstances of the
case the Income Tax Appellate Tribunal is right in law in
rejecting the claim of the appellant for additional depreciation
in terms of section 32(1)(iia) of the Act?
3. Whether the Appellate Tribunal is correct in law in
misconstructing the provisions of section 32(1)(iia) of the Act
while not considering the legislative history of the said
provisions governing the grant of additional depreciation as
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T.C.A. No. 598 of 2021
well as further while no considering the principles of
harmonious interpretation?”
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 of the Direct Tax Vivad Se Vishwas Act, 2020, which were
accepted and Form 3 was issued to the assessee on 08.04.2021 by the Income
Tax Department. The learned counsel has also filed a memo 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.
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
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T.C.A. No. 598 of 2021
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.
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 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.]
20.12.2021
dhk
Internet : Yes
Index : Yes / No
To
1.The Income Tax Appellate Tribunal,
Chennai “C” Bench
2.The Deputy Commissioner of Income Tax
Corporate Circle - 2
Coimbatore.
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T.C.A. No. 598 of 2021
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
dhk
Tax Case Appeal No.598 of 2021
20.12.2021
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