Madras High Court
Ramesh Babu vs The Joint Commissioner Of Income ... on 22 January, 2021
Tax Case Appeal No.423 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE T.V. THAMILSELVI
Tax Case Appeal No.423 of 2009
Ramesh Babu ... Appellant
Vs.
The Joint Commissioner of Income Tax,
Central Circle II (4),
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, “B”
Bench, Chennai dated 24.04.2008 passed in I.T.(SS).A.No.51/Mds/07.
For Appellant : Mr.G.Baskar
For Respondent : Mr.T.R.Senthil Kumar,
Senior Standing Counsel
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Tax Case Appeal No.423 of 2009
JUDGMENT
(Delivered by T.V. THAMILSELVI, J)
This appeal filed by the assessee under Section 260A of the
Income Tax Act, 1961 ('the Act' for brevity), is directed against the order
dated 24.04.2008 passed by the Income Tax Appellate Tribunal, “B”
Bench, Chennai ('the Tribunal' for brevity) in I.T.(SS).A.No.51/Mds/07
for the Block Assessment Period 01.04.1996 to 15.11.2002. The appeal
was admitted on 29.06.2009 on the following Substantial Questions of
Law:
“ 1) Whether on the facts and in the circumstances of
the case, the Income Tax Appellate Tribunal was right in
law in not holding that the cash payment made by the
appellant for purchase of property at Shanthi Colony was to
be assessed as undisclosed income within the meaning of
Section 158B (b) of the Income Tax Act, 1961?
2)Whether on the facts and circumstances of the
case, the Income Tax Appellate Tribunal was right in law
in relying on erroneous entry made in the books of
accounts of the appellant, which was not found at the time
of search and treating the payment of case as undisclosed
income without appreciating the corroborative evidences
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Tax Case Appeal No.423 of 2009
and explanations offered by the appellant to explain the
sources for the investment made by the appellant?”
2. We have heard Mr.G.Baskar, learned counsel for the appellant/
assessee and Mr.T.R.Senthil Kumar, 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 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 has already been issued with Form – 3 on
19.01.2021 and the learned counsel for the appellant seeks permission of
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Tax Case Appeal No.423 of 2009
this Court to withdraw the appeal.
5. In view of the submission made by the learned counsel for the
appellant, the Tax Case Appeal stands dismissed as withdrawn. No costs.
[M.D., J.] [T.V.T.S., J.]
22.01.2021
Index : Yes/No
Internet : Yes
va
To
1. Income Tax Appellate Tribunal, Chennai “B” Bench
2.The Joint Commissioner of Income Tax,
Central Circle II (4),
Chennai – 600 034.
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Tax Case Appeal No.423 of 2009
M. DURAISWAMY, J.
and
T.V. THAMILSELVI, J.
va
Tax Case Appeal No.423 of 2009
22.01.2021
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