Madras High Court
Commissioner Of Income Tax-I vs M/S.Allianz Bio Sciences Pvt. Ltd on 23 February, 2021
Tax Case Appeal No.267 of 2011
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.267 of 2011
Commissioner of Income Tax-I
Chennai. ... Appellant
Vs.
M/s.Allianz Bio Sciences Pvt. Ltd.,
656, T.H.Road, Tondiarpet,
Chennai – 600 081. ... 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 19.11.2010 passed in I.T.A.No.1366/Mds/2009.
For Appellant : Mrs.R.Hemalatha
Standing Counsel
For Respondent : Mr.R.Sivaraman
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Tax Case Appeal No.267 of 2011
JUDGMENT
(Delivered by M.DURAISWAMY, J.)
This appeal filed by the Revenue under Section 260A of the
Income Tax Act, 1961 ('the Act' for brevity), is directed against the order
dated 19.11.2010 passed by the Income Tax Appellate Tribunal, Chennai
"D" Bench, ('the Tribunal' for brevity) in I.T.A.No.1366/Mds/2009 for
the assessment year 2006-2007. The above appeal has been admitted on
17.08.2011 on the following Substantial Questions of Law:
"1.Whether on the facts and in the circumstances of
the case, the Income Tax Appellate Tribunal was right in
holding that the assessee company was entitled to
deduction under Section 80-IB in respect of its unit in
Pondicherry even though the entire manufacture of drugs
and formulations were done under 'loan license' only, on
the basis of a job work contract with M/s.Tablets (India)
Ltd. which supplied all the raw materials, specifications
and exercised complete supervision of the manufacture of
the drugs ensuring the quantity and quality thereof?
2.Whether on the facts and in the circumstances of
the case, the Income Tax Appellate Tribunal was right in
holding that the Explanation under Section 80-IA
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Tax Case Appeal No.267 of 2011
introduced by the Finance Act 2007 with effect from
01.04.2000 was not applicable to Section 80-IB?"
2. We have heard Mrs.R.Hemalatha, learned Standing Counsel for
the appellant/Revenue and Mr.R.Sivaraman, learned counsel for the
respondent/assessee.
3. 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
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.Learned counsel for the respondent/assessee submitted that the
assessee had availed the Vivad Se Vishwas Scheme and that the
respondent/assessee had already been issued with Form–3 on
16.12.2020.
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Tax Case Appeal No.267 of 2011
5.Since the respondent/assessee had 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.
[M.D., J.] [T.V.T.S., J.]
Index : Yes/No 23.02.2021
Internet : Yes
mkn
To
1. Income Tax Appellate Tribunal, Chennai "D" Bench
2.The Commissioner of Income Tax-I
Chennai.
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Tax Case Appeal No.267 of 2011
M. DURAISWAMY, J.
and
T.V. THAMILSELVI, J.
mkn
Tax Case Appeal No.267 of 2011
23.02.2021
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