Madras High Court
The Commissioner Of Income Tax vs Shri Ramautar Agarwal on 19 January, 2021
TCA.No.99 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.1.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MS.JUSTICE R.N.MANJULA
Tax Case Appeal No.99 of 2020
The Commissioner of Income Tax,
Non Corporate Circle 10(1),
Chennai ...Appellant
Vs
Shri Ramautar Agarwal ...Respondent
APPEAL under Section 260A of the Income Tax Act, 1961 against
the order dated 16.9.2019 passed by the Income Tax Appellate
Tribunal, 'B' Bench, Chennai made in I.T.A.No.211/Chny/2019 for the
assessment year 2014-15.
For Appellant: Mr.M.Swaminathan, SSC assisted by
Ms.V.Pushpa, JSC
For Respondent: Mr.A.S.Sriraman
Judgment was delivered by T.S.SIVAGNANAM,J
This appeal has been filed by the Revenue under Section 260A of
the Income Tax Act, 1961 ('the Act' for brevity) challenging the order
https://www.mhc.tn.gov.in/judis/
TCA.No.99 of 2020
dated 16.9.2019 made in I.T.A.No.211/Chny/2019 on the file of the
Income Tax Appellate Tribunal, Chennai, 'B' Bench ('the Tribunal' for
brevity) for the assessment year 2014-15.
2. The appeal was admitted on 19.2.2020 on the following
substantial questions of law:
“1. Whether the Income Tax Appellate
Tribunal was right and justified in setting aside
the order passed by the Assessing Officer to
re-examine the matter when the Assessing
Officer has already duly examined the matter
before passing the assessment order? And
2. Whether the Income Tax Appellate
Tribunal was right in justified in remitting the
issue back to the file of the Assessing Officer
and shifting the onus to the Revenue with a
direction that the Assessing Officer shall bring
on record the role of the assessee in promoting
the company and the relationship of the
assessee, if any with the promoters, role of the
assessee in inflating the price of shares etc. ?”
3. We have heard Mr.M.Swaminathan, learned Senior Standing
Counsel assisted by Ms.V.Pushpa, learned Junior Standing Counsel
appearing for the appellant/Revenue and Mr.A.S.Sriraman, learned
counsel appearing for the respondent/assessee.
https://www.mhc.tn.gov.in/judis/
TCA.No.99 of 2020
4. The learned counsel on behalf of the respondent/assessee
submits that the respondent/assessee already filed the declaration/
undertaking under the Vivad Se Vishwas Scheme on 29.12.2020 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 petition before the
appropriate Division Bench for orders.
6. The tax case appeal stands disposed of with the
aforementioned liberty. Consequently, the substantial questions of law
framed are left open. No costs.
RS 19.1.2021
https://www.mhc.tn.gov.in/judis/
TCA.No.99 of 2020
T.S.SIVAGNANAM,J
AND
R.N.MANJULA,J
RS
To
The Income Tax Appellate Tribunal, 'B' Bench, Chennai.
TCA.No.99 of 2020
19.1.2021
https://www.mhc.tn.gov.in/judis/
