Madras High Court
M/S.Ramgosri Construction P. Ltd vs The Income Tax Officer (Osd) on 2 February, 2021
Tax Case Appeal No.925 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE T.V. THAMILSELVI
Tax Case Appeal No.925 of 2009
M/s.Ramgosri Construction P. Ltd.,
No.225, Mettukuppam,
Okkiam, Thoraipakkam,
Chennai – 600 096. ... Appellant
Vs.
The Income Tax Officer (OSD),
Company Circle – V(3),
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 "B" Bench, dated 30.04.2009 passed in I.T.A.No.1536/Mds/
2006.
For Appellant : Mr.M.Kaushik
for Mr.S.Sridhar
For Respondent : Mrs.R.Hemalatha,
Senior Standing Counsel
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Tax Case Appeal No.925 of 2009
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 30.04.2009 passed by the Income Tax Appellate Tribunal, Madras
"B" Bench, ('the Tribunal' for brevity) in I.T.A.No.1536/Mds/2006 for
the assessment year 1999-2000. The above appeal has been admitted on
12.10.2009 on the following Substantial Questions of Law:
“1)Whether the Appellate Tribunal is correct in law
in accepting the appeal (s) of the department/respondent
relating to the assessment years 1998-99 and 1999-2000
even though there was no plea to consider the business loss
claimed as a capital loss?
2)Whether the Appellate Tribunal is correct in law in
rejecting the claim of business loss against the property
income within the scope of the provisions governing the
inter-head set off in the computation of taxable total
income upon overlooking relevant materials and further
over stepping the ambit of the proceedings before them in
the light of the decision rendered by this Court in the first
round?”
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Tax Case Appeal No.925 of 2009
2. We have heard Mr.M.Kaushik, learned counsel for the appellant/
assessee and Mrs.R.Hemalatha, learned Senior Standing Counsel for the
respondent/Revenue.
3. It may not be necessary for this Court to decide the Substantial
Question 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
22.01.2021 and the learned counsel for the appellant seeks permission of
this Court to withdraw the appeal.
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Tax Case Appeal No.925 of 2009
5. In view of the submission made by the learned counsel for the
appellant, the Tax Case Appeal stands dismissed as withdrawn. No costs.
[M.D., J.] [T.V.T.S., J.]
Index : Yes/No 02.02.2021
Internet : Yes (2/2)
va
To
1. Income Tax Appellate Tribunal, Madras "B" Bench
2.The Income Tax Officer (OSD),
Company Circle – V(3),
Chennai – 600 034.
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Tax Case Appeal No.925 of 2009
M. DURAISWAMY, J.
and
T.V. THAMILSELVI, J.
va
Tax Case Appeal No.925 of 2009
(2/2)
02.02.2021
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