Madras High Court
M/S. Sri Devi Karumari & Co vs The Deputy Commissioner Of Income ... on 4 February, 2021
Tax Case No.1230 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE T.V. THAMILSELVI
Tax Case Appeal No.1230 of 2008
M/s. Sri Devi Karumari & Co.,
# 267 - A, Kamarajanar Road,
Attur - 636 102,
Salem District. ... Appellant
v.
The Deputy Commissioner of Income Tax,
Special Investigation Circle,
Salem - 636 007. ... Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act,
1961 filed against I.T.(SS)A. No.87/Mds/2001 for the Block Assessment
Year 01.04.1988 to 30.07.1998 in the common order of the Income Tax
Appellate Tribunal, “C” Bench, Chennai dated 30.11.2005 in appeals filed
by the Department in I.T.(SS)A Nos. 82 to 84 & 86 to 89/Mds/2001 for the
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Tax Case No.1230 of 2008
Block Assessment Year 01.04.1988 to 30.07.1998 and in Cross Objections
filed by the Assessees in C.O. Nos. 66, 68. to 73/Mds/2001 for the Block
Assessment Year 01.04.1988 to 30.07.1988..
For Appellant : Mr. M.P. Senthil Kumar
For Respondent : Mr.T.R.Senthil Kumar
Senior Standing Counsel
Asst. by Ms. K.g. Usha Rani
JUDGMENT
(Judgment was 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 I.T.(SS)A.
No.87/Mds/2001 for the Block Assessment Year 01.04.1988 to 30.07.1998
in the common order of the Income Tax Appellate Tribunal, “C” Bench,
Chennai dated 30.11.2005 in appeals filed by the Department in I.T.(SS)A
Nos. 82 to 84 & 86 to 89/Mds/2001 for the Block Assessment Year
01.04.1988 to 30.07.1998 and in the Cross Objections filed by the
Assessees in C.O. Nos. 66, 68. to 73/Mds/2001 for the Block Assessment
Year 01.04.1988 to 30.07.1988.
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Tax Case No.1230 of 2008
2. The appeal was admitted on 18.08.2008 on the following
Substantial Questions of Law:
" Whether on the facts and in the circumstances of
the case, the Income Tax Appellate Tribunal was right in
law in holding that the income recorded in the regular
books had to be treated as undisclosed income even when
due date for filing return had not expired as on the date of
search, merely because assessee had admitted the name as
undisclosed income in the return ?”
3. We have heard Mr. M.P. Senthil Kumar, learned counsel for the
appellant and Mr.T.R.Senthil Kumar, learned Standing Counsel for the
respondent.
4. It may not be necessary for this Court to decide the Substantial
Questions 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
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Tax Case No.1230 of 2008
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.
5. We are informed by the learned counsel for the appellant/assessee
that the assessee has already filed the requisite Form - 1 on 30.01.2021
under Section 4 of the Act.
6. . In the light of the fact that the assessee has already availed the
benefit under the Act, no useful purpose would be served in keeping this
appeal pending. At the same time, safeguarding the interest of the assessee
in the event the order to be passed by the Department under the Act is not
in favour of the assessee. Accordingly, the Tax Case Appeal stands
disposed of on the ground that the assessee has already filed requisite
Form - 1 and the Department shall process the application at the earliest in
accordance with the said Act and communicate the decision to the assessee
at the earliest. As observed, the assessee is given liberty to restore this
appeal in the event the ultimate decision to be taken on the declaration
filed by the assessee under Section 4 of the said Act is not in favour of the
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Tax Case No.1230 of 2008
assessee. If such a prayer is made, the Registry shall entertain the prayer
without insisting upon any application to be filed for condonation of delay
in restoration of the appeal and on such request made by the assessee by
filing a Miscellaneous Petition for Restoration, the Registry shall place
such petition before the Division Bench for orders.
7. With these observations, the Tax Case Appeal stands disposed of
with the aforementioned liberty and Consequently, the Substantial
Questions of Law are left open. No costs.
(M.D.,J.) (T.V.T.S.,J.)
04.02.2021
Index : Yes/No
Internet : Yes
Rj
To
1. The Income Tax Appellate Tribunal,
Chennai “C” Bench .
2. The Deputy Commissioner of Income Tax,
Special Investigation Circle,
Salem - 636 007.
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Tax Case No.1230 of 2008
M. DURAISWAMY, J.
and
T.V. THAMILSELVI, J.
Rj
Tax Case Appeal No.1230 of 2008
04.02.2021
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