Smt.Ananthi Rabindran vs The Income Tax Officer
2021 Latest Caselaw 4749 Mad

                                                                        Tax Case Appeal No.781 of 2017

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 23.02.2021

                                                       CORAM

                                    THE HON'BLE MR.JUSTICE M. DURAISWAMY
                                                     AND
                                   THE HON'BLE MRS.JUSTICE T.V. THAMILSELVI

                                           Tax Case Appeal No.781 of 2017


                     Smt.Ananthi Rabindran
                     3/6, 13th Avenue,
                     Harrington Road, Chetpet,
                     Chennai – 600 031.                                     ...   Appellant

                                                         Vs.


                     The Income Tax Officer,
                     Non Corporate Ward – 3(1)
                     Chennai – 600 034.                                      ... Respondent

                               Tax Case Appeal filed under Section 260A of the Income Tax Act,
                     1961 against the order of the Income Tax Appellate Tribunal, Chennai
                     "D" Bench, dated 22.12.2016 passed in I.T.A.No.1426/Mds/2015.


                               For Appellant    : Mr.M.Kaushik
                                                  for Mr.S.Sridhar

                               For Respondent   : Mr.M.Swaminathan
                                                  Senior Standing Counsel



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                                                                          Tax Case Appeal No.781 of 2017



                                                     JUDGMENT

(Delivered by M.DURAISWAMY, J.)

This appeal filed by the assessee under Section 260A of the

Income Tax Act, 1961 ('the Act' for brevity), is directed against the order

dated 22.12.2016 passed by the Income Tax Appellate Tribunal, Chennai

"D" Bench, ('the Tribunal' for brevity) in I.T.A.No.1427/Mds/2015 for the

assessment year 2008-2009. The appeal was admitted on 30.01.2018 on

the following substantial question of law :

“Whether the Appellate Tribunal erred in law in artificially imposing the condition of the availability of source for irrigation, despite the classification of the capital asset as agricultural lands in the revenue records, before testing the correctness of the claim of the assessee to tax exemption for the surplus generated from the sale of the said agricultural lands under Section 45 of the Income Tax Act, 1961 read with Section 2(14)(iii) of the said Act?”

2. We have heard Mr.M.Kaushik for Mr.S.Sridhar, learned counsel

for the appellant/ assessee and Mr.M.Swaminathan, learned Senior

Standing Counsel for the respondent/Revenue.

3. It may not be necessary for this Court to decide the Substantial

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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.

4. We are informed by the learned counsel for the appellant/

assessee that the assessee had already been issued with Form-3 on

22.12.2020 and the learned counsel for the appellant seeks permission of

this Court to withdraw the appeal.

5. In view of the submission made by the learned counsel for the

appellant/assessee, the Tax Case Appeal stands dismissed as withdrawn.

No costs.

                                                                   [M.D., J.]    [T.V.T.S., J.]
                                                                          23.02.2021

                     Index           : Yes/No
                     Internet        : Yes

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mkn

To

1. Income Tax Appellate Tribunal, Chennai "D" Bench

2.The Income Tax Officer, Non Corporate Ward – 3(1) Chennai – 600 034.

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M. DURAISWAMY, J.

and T.V. THAMILSELVI, J.

mkn

Tax Case Appeal No.781 of 2017

23.02.2021

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