Madras High Court
D.Santha vs Principal Commissioner Of Income ... on 29 January, 2021
TCA.Nos.86 to 88 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2021
CORAM :
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Ms.Justice R.N.MANJULA
T.C.A.Nos.86 to 88 of 2021
and
C.M.P.Nos.1484 & 1485 of 2021
D.Santha ...Appellant in all cases
Vs
Principal Commissioner of Income Tax,
Pudhucherry. ...Respondent in all cases
COMMON PRAYER: Appeals filed under Section 260A of the Income
Tax Act, 1961 against the order dated 27.09.2017 made in ITA.Nos.1593,
1828 & 1829/Mds/2016, on the file of the Income Tax Appellate Tribunal,
'A' Bench, Chennai for the assessment years 2008-09, 2008-09 and 2009-10.
For Appellant: Mr.N.V.Balaji
(in all cases)
For Respondent: Mrs.R.Hemalatha
(in all cases) Senior Standing Counsel
https://www.mhc.tn.gov.in/judis/
TCA.Nos.86 to 88 of 2021
COMMON JUDGMENT
(Delivered by T.S.Sivagnanam,J)
These appeals, filed by the assessee under Section 260A of the
Income Tax Act, 1961 ('the Act' for brevity), are directed against the order
dated 27.09.2017 made in ITA.No.1593/Mds/2016 for the assessment year
2008-09, ITA.No.1828/Mds/2016 for the assessment year 2008-09 and
ITA.No.1829/Mds/2016 for the assessment year 2009-10 on the file of the
Income Tax Appellate Tribunal, 'A' Bench, Chennai ('the Tribunal' for
brevity).
2. The assessee in TCA.No.86 of 2021 has raised the following
substantial question of law for consideration:
"1. Whether under the facts and circumstances of
the case, the Tribunal was right in upholding the
addition made by the assessing officer in respect
of closing stock of inventory of silver articles?"
3. The assessee in TCA.No.87 of 2021 has raised the following
substantial question of law for consideration:
"1. Whether under the facts and circumstances of
the case, the Tribunal was right in upholding the
penalty levied by the assessing officer under
Section 27(1)(c) of the Act?
https://www.mhc.tn.gov.in/judis/
TCA.Nos.86 to 88 of 2021
4. The assessee in TCA.No.88 of 2021 has raised the following
substantial question of law for consideration:
"1. Whether under the facts and circumstances of
the case, the Tribunal was right in upholding the
penalty levied by the assessing officer under
Section 27(1)(c) of the Act?
5. We have heard Mr.N.V.Balaji, learned counsel for the
appellant/assessee and Mrs.R.Hemalatha, learned Senior Standing Counsel
appearing for the respondent-Revenue.
6. The learned counsel for the appellant/assessee submits that the
declaration/undertaking under the Vivad Se Vishwas Scheme in Form No.1
is being filed by the appellant/assessee today (29.01.2021) and is awaiting
orders to be passed in Form No.3. The same is taken on record.
6. 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 these
appeals in the event the ultimate decision to be taken on the declaration
https://www.mhc.tn.gov.in/judis/
TCA.Nos.86 to 88 of 2021
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 appeals 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.
7. The tax case appeals stand disposed of with the aforementioned
liberty and consequently, the substantial questions of law framed are left
open. No costs. Connected miscellaneous petitions are closed.
(T.S.S.,J.) (R.N.M.,J.)
29.01.2021
Index: Yes/No
Internet:Yes/No
Speaking Judgment/Non speaking Judgment
hvk
https://www.mhc.tn.gov.in/judis/
TCA.Nos.86 to 88 of 2021
To
1. The Income Tax Appellate Tribunal,
'A' Bench, Chennai.
2. Principal Commissioner of Income Tax,
Pudhucherry.
https://www.mhc.tn.gov.in/judis/
TCA.Nos.86 to 88 of 2021
T.S.SIVAGNANAM,J
AND
R.N.MANJULA,J
hvk
T.C.A.Nos.86 to 88 of 2021
and
C.M.P.Nos.1484 & 1485 of 2021
29.01.2021
https://www.mhc.tn.gov.in/judis/
