Madras High Court
M. Sanjay Kumar vs The Assistant Commissioner Of ... on 18 February, 2021
Tax Case Appeal No.809 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.02.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE T.V. THAMILSELVI
Tax Case Appeal No.70 of 2016
M. Sanjay Kumar ... Appellant
v.
The Assistant Commissioner of Income Tax,
Company Circle- VII,
Chennai. ... Respondent
Tax Case Appeal filed under Section 260A of the Income Tax
Act, 1961 against the order of the Income Tax Appellate Tribunal, “A”
Bench, Chennai dated 30.01.2015 passed in ITA.No2042/Mds/2014 for
the Assessment Year2009-10.
For Appellant : Mr.Shreekumar
for Mr.R.Sivaraman
For Respondent : Mr. Karthik Ranganathan,
Standing Counsel
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Tax Case Appeal No.809 of 2016
JUDGMENT
(Judgment was Delivered by M.DURAISWAMY, J)
This appeal filed by theassessee under Section 260A of the
Income Tax Act, 1961 ('the Act' for brevity), is directed against the order
dated 30.01.2015 passed by the Income Tax Appellate Tribunal, “A”
Bench, Chennai ('the Tribunal' for brevity) in I..TA.No2042/Mds/2014
for the Assessment Year2009-10.
2. The appeal was admitted on 27.011.2016 on the following
Substantial Question s of Law:
“ Whether on the facts and in the circumstances of
the case, the Appellate Tribunal was right in law in
holding that the addition of Rs.17,00,000/- as
'unexplained' cash deposits u/s 68 of the Act when the
appellant had clearly discharged her duty to identify the
creditor, prove the credit worthiness of the creditors and
the genuineness of the transaction?"
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Tax Case Appeal No.809 of 2016
.3. We have heard Mr.Shreekumar , learned counsel for the
appellant and Mr. Karthik Ranganathan, learned Standing Counsel for
the respondent.
4. 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.
5. We are informed by the learned counsel for the
appellant that the assessee has already been issued with Form – 3 on
30.12.2020 and the learned counsel for the appellant seeks permission of
this Court to withdraw the appeal.
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Tax Case Appeal No.809 of 2016
6. 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.]
18.02.2021
Index : Yes/No
Internet : Yes
Rj
To
1. The The Income Tax Appellate Tribunal,
Chennai “A” Bench
2. The Assistant Commissioner of Income Tax,
Company Circle- VII,
Chennai.
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Tax Case Appeal No.809 of 2016
M. DURAISWAMY, J.
and
T.V. THAMILSELVI, J.
Rj
Tax Case Appeal No.70 of 2016
18.02.2021
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