Swaminathan Sridhar vs Commissioner Of Income Tax-6
2021 Latest Caselaw 1004 Mad

                                                                                        TCA.No.679 of 2019

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 18.01.2021

                                                             CORAM

                                   THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
                                                        and
                                    THE HONOURABLE MRS.JUSTICE R.N.MANJULA
                                           Tax Case Appeal No.679 of 2019



                     Swaminathan Sridhar                                               ...Appellant

                                                                Vs

                     Commissioner of Income Tax-6,
                     121, Uthamar Gandhi Salai,
                     Nungambakkam, Chennai – 600 034.                                  ...Respondent

APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 31.05.2017 passed by the Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai made in I.T.A.No.535/Mds/2016 for the assessment year 2011-12.

                                      For Appellant      :   Mr.N.V.Balaji

                                      For Respondent     :   Mr.T.R.Senthil Kumar
                                                             Senior Standing Counsel

https://www.mhc.tn.gov.in/judis/ TCA.No.679 of 2019

Judgment was delivered by T.S.SIVAGNANAM,J

This appeal has been filed by the assessee under Section 260A of the

Income Tax Act, 1961 ('the Act' for brevity) challenging the order dated

31.05.2017 made in I.T.A.No.535/Mds/2016 on the file of the Income Tax

Appellate Tribunal, Chennai, 'B' Bench ('the Tribunal' for brevity) for the

assessment year 2011-12.

2.The appeal was admitted on 09.12.2020 on the following

substantial questions of law:

“1.Whether under the facts and circumstances of the case, the Tribunal was right in upholding the order of the lower authorities that SAR is taxable as perquisite?

2.Whether the Income Tax Appellate Tribunal was right in not adjudicating the several grounds raised by the appellant and thereby not giving an opportunity of being heard?”

3.We have heard Mr.N.V.Balaji, learned counsel appearing for the

https://www.mhc.tn.gov.in/judis/ TCA.No.679 of 2019

appellant/assessee and Mr.T.R.Senthil Kumar, learned Senior Standing

Counsel appearing for the respondent/Revenue.

4.The learned counsel on behalf of the appellant/assessee submits

that the appellant/assessee already filed the declaration/ undertaking under

the Vivad Se Vishwas Scheme on 28.12.2020 and is awaiting orders to be

passed in Form No.3.

5.In the light of the subsequent event, the Competent Authority shall

process the application/declaration in accordance with the Direct Tax Vivad

Se Vishwas Act, 2020 (Act 3 of 2020) and pass appropriate orders as

expeditiously as possible. The assessee is given liberty to restore this 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

https://www.mhc.tn.gov.in/judis/ TCA.No.679 of 2019

petition before the appropriate Division Bench for orders.

6.The tax case appeal stands disposed of with the aforementioned

liberty and Consequently, the substantial questions of law framed are left

open. No costs.

                                                                       (T.S.S.,J.)    (R.N.M.,J.)
                                                                               08.01.2021
                     cse

                     To

1.The Income Tax Appellate Tribunal, 'B' Bench, Chennai.

2.Commissioner of Income Tax-6, 121, Uthamar Gandhi Salai, Nungambakkam, Chennai – 600 034.

https://www.mhc.tn.gov.in/judis/ TCA.No.679 of 2019

T.S.SIVAGNANAM,J AND R.N.MANJULA,J

cse

TCA.No.679 of 2019

18.01.2021

https://www.mhc.tn.gov.in/judis/