Madras High Court
M/S.Tube Investments Of India Ltd vs The Assistant Commissioner Of ... on 25 February, 2021
Tax Case Appeal No.566 of 2009
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 No.566 of 2009
M/s.Tube Investments of India Ltd.,
'Dare House', 3rd Floor,
No.234, N.S.C. Bose Road,
Chennai – 600 001. ... Appellant
Vs.
The Assistant Commissioner of Income Tax,
Company Circle – III(2),
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, Madras “C” Bench,
dated 01.01.2009 passed in I.T.A.No.12/Mds/2006.
For Appellant : Ms.G.Varsitha
for M/s.K.Vaitheeswaran
For Respondent : Mr.T.Ravikumar
Senior Standing Counsel
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Tax Case Appeal No.566 of 2009
JUDGMENT
(Delivered by M. DURAISWAMY, J)
The appeal filed by the assessee under Section 260A of the Income Tax
Act, 1961 ('the Act' for brevity), is directed against the order, dated 01.01.2009,
passed by the Income Tax Appellate Tribunal, Madras “C” Bench, Chennai
('the Tribunal' for brevity) in I.T.A.No.12/Mds/2006 for the Assessment Year
2001-02. The above appeal was admitted on 09.02.2010 on the following
Substantial Questions of Law:
“1.Whether on the facts and circumstances of the case, the
Tribunal was right in law in holding that the Excise duty has to be
included in arriving at the domestic turnover while calculating the
limit of domestic sales for the purpose of the second proviso to
Section 10B(1) of the Income Tax Act, 1961 ?
2.Whether on the facts and circumstances of the case, the
Tribunal erred in completely ignoring profits pertaining to
domestic sales and not granting atleast to the extent of profits
pertaining to 25% of domestic sales in accordance with the second
proviso to Section 10B(1) of the Income Tax Act, 1961 ?”
2. We have heard Ms.G.Varsitha for M/s.K.Vaitheeswaran, learned
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Tax Case Appeal No.566 of 2009
counsel for the appellant/assessee and Mr.T.Ravikumar, learned Senior
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 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 17 th 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 has already filed the requisite Forms 1 & 2 on 10.12.2020 under
Section 4 of the Act.
5. 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 the 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
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Tax Case Appeal No.566 of 2009
ground that the assessee has already filed the requisite Forms 1 & 2 and the
Department shall process the application at 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 declaration 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.
6. With this observation, the Tax Case Appeal stands disposed of with
the aforementioned liberty and consequently, the Substantial Questions of Law
are left open. No costs.
[M.D., J.] [T.V.T.S., J.]
25.02.2021
Index : Yes/No
Internet : Yes
mkn
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Tax Case Appeal No.566 of 2009
To
1.The Income Tax Appellate Tribunal, Madras “C” Bench
2.The Assistant Commissioner of Income Tax,
Company Circle – III(2),
Chennai – 600 034.
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Tax Case Appeal No.566 of 2009
M. DURAISWAMY, J.
and
T.V. THAMILSELVI, J.
mkn
Tax Case Appeal No.566 of 2009
25.02.2021
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