Madras High Court
The Commissioner Of Income vs M/S.South India Surgical on 16 February, 2021
TCA.No.120 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.2.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MS.JUSTICE R.N.MANJULA
Tax Case Appeal No.120 of 2021
The Commissioner of Income
Tax, Chennai ...Appellant
Vs
M/s.South India Surgical
Company Ltd., Chennai-2. ...Respondent
APPEAL under Section 260A of the Income Tax Act, 1961 against
the order dated 29.7.2019 passed by the Income Tax Appellate
Tribunal, Madras 'A' Bench, Chennai made in I.T.A.No.916/Chny/2019
for the assessment year 2015-16.
For Appellant: Mr.J.Narayanaswamy, SSC
For Respondent: Mr.A.S.Sriraman
Judgment was delivered by T.S.SIVAGNANAM,J
This appeal has been filed by the Revenue under Section 260A of
the Income Tax Act, 1961 ('the Act' for brevity) challenging the order
https://www.mhc.tn.gov.in/judis/
TCA.No.120 of 2021
dated 29.7.2019 made in I.T.A.No.916/Chny/2019 on the file of the
Income Tax Appellate Tribunal, Chennai, 'A' Bench ('the Tribunal' for
brevity) for the assessment year 2015-16.
2. The Revenue has filed this appeal by raising the following
substantial questions of law :
“i. Whether on the facts and in the
circumstances of the case, the Tribunal was right in
holding that penalty u/s 271(1)(c) cannot be levied
on the assessee? And
ii. Whether on the facts and in the
circumstances of the case, the Tribunal was right in
holding that the Assessing Officer in the
assessment had merely not accepted the assessee
claim and the same had led the Assessing Officer
to form opinion that the assessee had concealed
the particulars of income and consequently penalty
was levied without appreciating the assessee's
deliberate and malafide intention to evade tax in
the light of false pleas and claims made by the
assessee?”
3. We have heard Mr.J.Narayanaswamy, learned Senior Standing
Counsel appearing for the appellant/Revenue and Mr.A.S.Sriraman,
learned counsel accepting notice for the respondent/assessee.
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TCA.No.120 of 2021
4. The learned counsel for the assessee submits that the
assessee already filed the declaration/undertaking under the Vivad Se
Vishwas Scheme and orders were passed on 23.12.2020 in Form No.3.
5. In the light of the subsequent event, the assessee is given
liberty to restore this appeal in the event the ultimate decision taken
on the declaration 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 petition 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
appropriate Division Bench for orders.
6. The tax case appeal stands disposed of with the
aforementioned liberty. Consequently, the substantial questions of law
raised are left open. No costs.
16.2.2021
To
The Income Tax Appellate Tribunal, 'A' Bench, Chennai.
RS
https://www.mhc.tn.gov.in/judis/
TCA.No.120 of 2021
T.S.SIVAGNANAM,J
AND
R.N.MANJULA,J
RS
TCA.No.120 of 2021
16.2.2021
https://www.mhc.tn.gov.in/judis/
