Commissioner Of Income Tax vs M/S.Tamil Nadu Warehousing
2021 Latest Caselaw 4874 Mad

                                                                       Tax Case Appeal No.227 of 2016

                                   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.227 of 2016


                     Commissioner of Income Tax,
                     Corporate Circle 3(1),
                     Chennai.                                               ... Appellant

                                                         Vs.


                     M/s.Tamil Nadu Warehousing
                     Corporation Limited
                     82, Anna Salai, Guindy,
                     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
                     "B" Bench, dated 23.09.2015 passed in I.T.A.No.1366/Mds/2015.


                               For Appellant    : Mr.M.Swaminathan
                                                  Senior Standing Counsel

                               For Respondent   : Ms.S.Kavitha
                                                  for M/s.Sushma Harini


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                                                                           Tax Case Appeal No.227 of 2016



                                                     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 23.09.2015 passed by the Income Tax Appellate Tribunal, Chennai

"B" Bench, ('the Tribunal' for brevity) in I.T.A.No.1366/Mds/2015 for

the assessment year 2010-2011. The above appeal has been admitted on

28.03.2016 on the following Substantial Question of Law:

"Whether on the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the provision for leave encashment is an allowable expenditure ignoring the provisions of Section 43B(f)?"

2. We have heard Mr.M.Swaminathan, learned Senior Standing

Counsel for the appellant/Revenue and Ms.S.Kavitha for M/s.Sushma

Harini, 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

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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

02.02.2021.

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                             24.02.2021
                     Internet        : Yes
                     mkn

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To

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

2.The Commissioner of Income Tax, Corporate Circle 3(1), Chennai.

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M. DURAISWAMY, J.

and T.V. THAMILSELVI, J.

mkn

Tax Case Appeal No.227 of 2016

24.02.2021

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