Madras High Court
M/S.Jenneys Residency P. Ltd vs The Deputy Commissioner Of Income ... on 25 February, 2021
Tax Case Appeal Nos.706, 330 and 331 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE T.V. THAMILSELVI
Tax Case Appeal Nos.706, 330 and 331 of 2016
M/s.Jenneys Residency P. Ltd.,
Soorya Foundation,
Flat No.A-1, I Floor,
No.152, (Old 104), Habibullah Road,
T.Nagar, Chennai – 600 017. ... Appellant
in T.C.A.No.706 of 2016
M/s.Jenneys Residency P. Ltd.,
No.40, Unnamalai Ammal Street, T.Nagar,
Chennai – 600 017.
(Now at : Soorya Foundation,
Flat No.A-1, I Floor,
N.No.152, O.No.104,
Habibullah Road,
T.Nagar, Chennai – 17.) ... Appellant
in T.C.A.Nos.330 & 331 of 2016
Vs.
The Deputy Commissioner of Income Tax,
Corporate Circle 2(2),
Chennai – 600 034. ... Respondent
in T.C.A.No.706 of 2016
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Tax Case Appeal Nos.706, 330 and 331 of 2016
The Deputy Commissioner of Income Tax,
Company Circle-II(3),
Chennai – 600 034. ... Respondent
in T.C.A.Nos.330 & 331 of 2016
Prayer in T.C.A.No.706 of 2016 : Tax Case Appeal filed under Section
260A of the Income Tax Act, 1961 against the order of the Income Tax
Appellate Tribunal, Madras "C" Bench, dated 31.05.2016 passed in
I.T.A.No.747/Mds/2016.
Prayer in T.C.A.Nos.330 & 331 of 2016 : Tax Case Appeals filed under
Section 260A of the Income Tax Act, 1961 against the order of the
Income Tax Appellate Tribunal, Madras "A" Bench, dated 30.06.2015
passed in I.T.A.Nos.1426 and 1427/Mds/2014 respectively.
For Appellant : Mr.V.S.Jayakumar
in all appeals
For Respondent : Mr.Karthik Ranganathan
Standing Counsel
in all appeals
COMMON JUDGMENT
(Delivered by M.DURAISWAMY, J.)
The above appeals filed by the assessee under Section 260A of the
Income Tax Act, 1961 ('the Act' for brevity), are directed against the
orders dated 31.05.2016 passed in I.T.A.No.747/Mds/2016 on the file of
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Tax Case Appeal Nos.706, 330 and 331 of 2016
the Income Tax Appellate Tribunal, Chennai "C" Bench, ('the Tribunal'
for brevity) and the order of the Income Tax Appellate Tribunal, Madras
"A" Bench, dated 30.06.2015, passed in I.T.A.Nos.1426 and
1427/Mds/2014 for the assessment years 2012-13, 2008-09 and 2010-11
respectively. The above appeals were admitted on 23.09.2016 on the
following substantial questions of law :
“(a)Whether on the facts and circumstances of the
case, the Tribunal is correct in holding that the income
admitted by the appellant is not just and real income under
Section 4 read with Section 145 of the Income Tax Act, 1961
as well as the accounting principles applicable to it ?
(b)Whether the Income Tax Appellate Tribunal's
findings are perverse on the facts and circumstances of the
case and therefore liable to be set aside ?”
2. We have heard Mr.V.S.Jayakumar, learned counsel for the
appellant/ assessee and Mr.Karthik Ranganathan, learned Standing
Counsel for the respondent/Revenue.
3. It may not be necessary for this Court to decide the Substantial
Questions of Law framed for consideration on account of certain
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Tax Case Appeal Nos.706, 330 and 331 of 2016
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
08.12.2020 and the learned counsel for the appellant seeks permission of
this Court to withdraw the above appeals.
5. In view of the submission made by the learned counsel for the
appellant/assessee, the above Tax Case Appeals stand dismissed as
withdrawn. No costs.
[M.D., J.] [T.V.T.S., J.]
Index : Yes/No 25.02.2021
Internet : Yes
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Tax Case Appeal Nos.706, 330 and 331 of 2016
To
1.Income Tax Appellate Tribunal, Chennai "A" Bench
2.Income Tax Appellate Tribunal, Chennai "C" Bench
3.The Deputy Commissioner of Income Tax,
Corporate Circle 2(2),
Chennai – 600 034.
4.The Deputy Commissioner of Income Tax,
Company Circle-II(3),
Chennai – 600 034.
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Tax Case Appeal Nos.706, 330 and 331 of 2016
M. DURAISWAMY, J.
and
T.V. THAMILSELVI, J.
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Tax Case Appeal Nos.706, 330 & 331 of 2016
25.02.2021
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