Madras High Court
Commissioner Of Income Tax vs M/S.Spencer International ... on 22 February, 2021
Tax Case Appeal No.1032 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE T.V. THAMILSELVI
Tax Case Appeal No.1032 of 2010
Commissioner of Income Tax,
Chennai. ... Appellant
Vs.
M/s.Spencer International Hotels Ltd.,
Spencer Plaza, 4th Floor,
769, Anna Salai, Chennai – 02. ... 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 18.12.2009 passed in
I.T.A.No.1529/Mds/2009.
For Appellant : Mr.J.Narayanasamy
Senior Standing Counsel
For Respondent : Mr.R.Venkatanarayanan
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Tax Case Appeal No.1032 of 2010
JUDGMENT
(Delivered by M.DURAISWAMY, J.)
This appeal filed by the Department under Section 260A of the
Income Tax Act, 1961 ('the Act' for brevity), is directed against the order
dated 18.12.2009 passed by the Income Tax Appellate Tribunal, Madras
"B" Bench, ('the Tribunal' for brevity) in I.T.A.No.1529/Mds/2009 for
the assessment year 2004-05.
2.On 18.01.2011, the appeal was admitted on the following
Substantial Questions of Law:
“1)Whether on the facts and circumstances of the
case, the Tribunal was right in upholding the CIT(A)'s
deletion of disallowance of licence fee paid to M/s.Spencer
and Company Ltd.?
2)Whether on the facts and circumstances of the
case, the Tribunal was right in upholding the CIT (A)'s
deletion of the administrative expenses claimed by the
assessee?
3)Whether on the facts and circumstances of the
case, the Tribunal was right in treatment of licence fee
received from Indian Hotel Company as income from
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Tax Case Appeal No.1032 of 2010
business as against the revenue's stand to treat it as income
from property?
4)Whether on the facts and circumstances of the
case, the Tribunal was right in upholding the direction of
CIT (A) to AO to adopt to Rs50 as the sale price as against
the revenue's valuation at Rs.70 per share?
5)Whether on the facts and circumstances of the
case, the Tribunal was right in upholding the CIT (A)'s
direction for indexation with reference to financial year
1999-00 while computing the capital gain? And
6)Whether on the facts and circumstances of the
case, the Tribunal was right in upholding the CIT (A)'s
deletion of disallowance under Section 80G?”
3.We have heard Mr.J.Narayanasamy, learned senior standing
counsel for the appellant/Revenue and Mr.R.Venkatanarayanan, learned
counsel for the respondent/assessee.
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
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Tax Case Appeal No.1032 of 2010
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.The learned counsel for the respondent/assessee submitted that
the respondent/assessee had availed Vivad Se Vishwas Scheme and that
the Department had also issued Form – 3 on 08.02.2021.
6. Since the assessee has been issued with Form – 3, nothing
survives for adjudication in the above appeal. Recording the submission
made by the learned counsel for the respondent/assessee, the Tax Case
Appeal stands disposed of. No costs.
Index : Yes/No [M.D., J.] [T.V.T.S., J.]
Internet : Yes 22.02.2021
va (1/3)
To
1. Income Tax Appellate Tribunal, Madras "B" Bench
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Tax Case Appeal No.1032 of 2010
M. DURAISWAMY, J.
and
T.V. THAMILSELVI, J.
va
Tax Case Appeal No.1032 of 2010
(1/3)
22.02.2021
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