Madras High Court
M/S.Ahlers India Pvt. Ltd vs The Deputy Commissioner Of on 23 February, 2021
TCA.No.259 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2021
CORAM :
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Ms.Justice R.N.MANJULA
Tax Case Appeal No.259 of 2018
M/s.Ahlers India Pvt. Ltd.,
The Trapezum 2nd Floor,
No.39, Nelson Manickam Road,
Aminjikarai, Chennai - 600 029. ...Appellant
Vs
The Deputy Commissioner of
Income Tax,
Company Circle 1(1),
Chennai - 600 034. ...Respondent
APPEAL under Section 260A of the Income Tax Act, 1961 against the
order dated 03.03.2017 made in ITA.No.1071/Mds/2016 on the file of the
Income Tax Appellate Tribunal, 'D' Bench, Chennai for the assessment year
2011-12.
For Appellant: Mr.R.Vijayaraghavan
for M/s.Subbaraya Aiyar Padmanabhan
For Respondent: Mr.T.Ravi Kumar
Senior Standing Counsel
1/6
https://www.mhc.tn.gov.in/judis/
TCA.No.259 of 2018
JUDGMENT
(Delivered by T.S.Sivagnanam,J)
This appeal, filed by the assessee, is directed against the order
dated 03.03.2017 made in ITA.No.1071/Mds/2016 on the file of the Income
Tax Appellate Tribunal, 'D' Bench, Chennai ('the Tribunal' for brevity) for
the assessment year 2011-12.
2. The appeal was admitted on 25.06.2019 on the following
substantial questions of law for consideration:
"1. Whether on the facts and circumstances of the
case, the Tribunal erred in upholding the rejection of
Gordon Woodroffe Logistics Ltd as a comparable
company on the only ground that is incurred
consecutive loss for two years and which is against the
provisions of S.92C of the IT Act read with Rule
10B(3) of the IT Rules?
2. Whether the Tribunal erred in the inclusion of
comparable companies, namely N.R.International Ltd
and Natura Hue Chem Ltd, though they were
functionally different and ought to be rejected as per
provisions of S.92C read with Rule 10B(3) of the IT
Rules?"
3. We have heard Mr.R.Vijayaraghavan, learned counsel for the
appellant-assessee and Mr.T.Ravi Kumar, learned Senior Standing Counsel
appearing for the respondent-Revenue.
https://www.mhc.tn.gov.in/judis/
TCA.No.259 of 2018
4. It is submitted by the learned counsel for the appellant-assessee
that the assessee has filed an application under the Vivad Se Vishwas
Scheme and Form No.3 has been issued by the Department dated
28.12.2020. However, on account of inadvertent mistake committed by the
assessee in Form No.3, the appeal number is given as T.C.A.No.32 of 2018,
which in fact is an appeal filed by the Revenue.
5. In this regard, the assessee is said to have filed an application
for rectification of Form No.3 by substituting the appeal reference number
as T.C.A.No.259 of 2018 instead of T.C.A.No.32 of 2018. This application
is said to be pending before the PCIT, Chennai-1
6. The assessee has also filed a memo dated 04.01.2020 seeking
withdrawal of the appeal to enable them to comply with the requirements of
the Vivad Se Vishwas Scheme. The said memo is placed on record.
7. In the light of the subsequent event, the Competent Authority
shall process the application/declaration in accordance with the Direct Tax
Vivad Se Vishwas Act, 2020 (Act 3 of 2020) and pass appropriate orders as
https://www.mhc.tn.gov.in/judis/
TCA.No.259 of 2018
expeditiously as possible. 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 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 appropriate Division Bench for orders.
8. The tax case appeal stands disposed of with the aforementioned
liberty. Consequently, a direction is issued to the concerned authority to
consider the assessee's rectification petition to rectify and correct the appeal
reference number in Form No.3 by substituting the number as T.C.A.No.259
of 2018 instead of T.C.A.No.32 of 2018. The substantial questions of law
framed are left open. No costs.
(T.S.S.,J.) (R.N.M.,J.)
23.02.2021
Index:Yes/No
Internet:Yes/No
hvk
https://www.mhc.tn.gov.in/judis/
TCA.No.259 of 2018
To
1. The Income Tax Appellate Tribunal,
'D' Bench, Chennai.
2. The Deputy Commissioner of
Income Tax,
Company Circle 1(1),
Chennai - 600 034.
https://www.mhc.tn.gov.in/judis/
TCA.No.259 of 2018
T.S.SIVAGNANAM,J
AND
R.N.MANJULA,J
hvk
TCA.No.259 of 2018
23.02.2021
https://www.mhc.tn.gov.in/judis/
