Madras High Court
M/S.Avm Film Studios vs Income Tax Officer on 4 February, 2021
Tax Case Nos.50 to 52 of 2016
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 Nos.50 to 52 of 2016
M/s.AVM Film Studios,
38, Arcot Road, Vadapalani,
Chennai ... Appellant in all 3 TCAs
Vs.
Income Tax Officer,
Media Ward – I,
121, Nungambakkam High Road,
Chennai – 600 034. ... Respondent in all 3 TCAs
Tax Case Appeals filed under Section 260A of the Income Tax Act,
1961 against the order of the Income Tax Appellate Tribunal, Madras "B"
Bench, dated 08.07.2015 passed in I.T.A.Nos.2000/Mds/2012, 1358/Mds/2015
and 1359/Mds/2015.
For Appellant : Mr.V.S.Jayakumar
(in all 3 TCAs)
For Respondent : Ms.V.Pushpa,
(in all 3 TCAs) Standing Counsel
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Tax Case Nos.50 to 52 of 2016
COMMON JUDGMENT
(Delivered by M. DURAISWAMY, J)
These appeal filed by the assessee under Section 260A of the Income
Tax Act, 1961 ('the Act' for brevity), are directed against the order dated
08.07.2015 passed by the Income Tax Appellate Tribunal, Madras “B” Bench,
Chennai ('the Tribunal' for brevity) in I.T.A.Nos.2000/Mds/2012, 1358/Mds/
2015 and 1359/Mds/2015 for the Assessment Years 2008-09, 2007-08 and
2011-12. The above appeals were admitted on 25.01.2016 on the following
Substantial Question of Law for consideration:
“Whether the Tribunal is right in holding that the receipt of
money in entirety received by the assessee upon lease of
distribution, execution of pictures, assignment of veo rights, etc.,
is taxable as income upon the interpretation of Sections 4, 5 and
145 of the Income Tax Act, 1961 and the income admitted by the
assessee on a proportionate basis is not acceptable?””
2. We have heard Mr.V.S.Jayakumar, learned counsel for the appellant/
assessee and Ms.V.Pushpa, learned 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
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Tax Case Nos.50 to 52 of 2016
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 has already filed the requisite Forms 1 & 2, in all the three appeals
on 10.12.2020 under Section 4 of the Act.
5. 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 these appeals
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 Appeals stand disposed of on the ground
that the assessee has already filed the requisite Forms 1 & 2 in all the three
appeals 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 these appeals
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Tax Case Nos.50 to 52 of 2016
in the event the ultimate decision to be taken on the Forms filed by the assessee
under Section 4 of the said Act is not in favour of the 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 appeals 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.
6. With this observation, the Tax Case Appeals stand disposed of with
the aforementioned liberty and consequently, the Substantial Question of Law
is left open. No costs.
[M.D., J.] [T.V.T.S., J.]
Index : Yes/No 04.02.2021
Internet : Yes
va
To
1. Income Tax Appellate Tribunal, Madras "B" Bench
2.Income Tax Officer,
Media Ward – I,
121, Nungambakkam High Road, Chennai – 600 034.
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Tax Case Nos.50 to 52 of 2016
M. DURAISWAMY, J.
and
T.V. THAMILSELVI, J.
va
Tax Case Appeal Nos.50 to 52 of 2016
04.02.2021
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