S.N.Gowri vs The Income Tax Officer
2021 Latest Caselaw 4820 Mad

                                                                             Tax Case No.119 of 2013



                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 24.02.2021

                                                       CORAM

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

                                            Tax Case Appeal No.119 of 2013


                     S.N.Gowri
                     rep by Power of Attorney
                     Dr.S.R.Ravi                                           ... Appellant
                     (cause title accepted vide order dated 31.01.2012 made in M.P.No.1 of
                     2019 in T.C.A.(SR).No.97223 of 2008, Rev.Appl.No.211 of 2011)

                                                         Vs.


                     The Income Tax Officer,
                     International Taxation – I,
                     Chennai – 600 034.                                        ... Respondent

                               Appeal filed under Section 260A of the Income Tax Act, 1961
                     against the order of the Income Tax Appellate Tribunal, Madras "C"
                     Bench, dated 27.06.2008 passed in I.T.A.No.2507/Mds/2007.
                                      For Appellant    : Mr.V.S.Jayakumar
                                      For Respondent   : Mr.Karthick Ranganathan,
                                                         Senior Standing Counsel




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                                                                                    Tax Case No.119 of 2013




                                                      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 27.06.2008 passed by the Income Tax Appellate Tribunal, Madras

“C” Bench, Chennai ('the Tribunal' for brevity) in I.T.A.No.

2507/Mds/2007 for the Assessment Year 2004-05.

2.The above appeal was admitted on 08.04.2013 on the following

Substantial Question of Law for consideration:

“1)Whether the Tribunal was right in holding that the exemption under Section 54F should be allowed for one flat only and not the entire constructed area given to the appellant by the builder for residential purposes in the same building?”

3. We have heard Mr.V.S.Jayakumar, learned counsel for the

appellant/ assessee and Mr.Karthick Ranganathan, learned Senior

Standing Counsel for the respondent/ Revenue.

4. 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.

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

assessee that the assessee has already filed the requisite Form - 1 on

26.12.2020 under Section 4 of the Act.

6. In the light of the fact that the assessee has already availed the

benefit under the Act, no useful purpose would be served in keeping this

appeal pending. At the same time, safeguarding the interest of the

assessee in the event the order to be passed by the Department under the

Act is not in favour of the assessee. Accordingly, the Tax Case Appeal

stands disposed of on the ground that the assessee has already filed the

requisite Forms – 1 and the Department shall process the application at

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the earliest in accordance with the said Act and communicate the

decision to the assessee at the earliest. As observed, the assessee is given

liberty to restore the appeal in the event the ultimate decision to be taken

on the Forms 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 Division Bench for

orders.

7. With this observation, the Tax Case Appeal stands disposed of

with the aforementioned liberty and consequently, the Substantial

Question of Law is left open. No costs.

                                                                   [M.D., J.]    [T.V.T.S., J.]
                     Index           : Yes/No                               24.02.2021
                     Internet        : Yes
                     va



                     To

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1. Income Tax Appellate Tribunal, Madras "C" Bench

2.The Income Tax Officer, International Taxation – I, Chennai – 600 034.

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M. DURAISWAMY, J.

and T.V. THAMILSELVI, J.

va

Tax Case Appeal No.119 of 2013

24.02.2021

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