Madras High Court
Principal Commissioner Of Income ... vs M/S.Kirthidhara Infrastructure on 5 January, 2021
TCA.No.423 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2021
CORAM :
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Ms.Justice R.N.MANJULA
Tax Case Appeal No.423 of 2020
Principal Commissioner of Income Tax,
Corporate Circle-2(2),
Nungambakkam, Chennai - 600 034. ...Appellant
Vs
M/s.Kirthidhara Infrastructure
Pvt. Ltd.,
4/318, Marg Axis,
Rajiv Gandhi Salai,
Kottivakkam, Chennai - 600 041.
PAN: AADCK0873D ...Respondent
APPEAL under Section 260A of the Income Tax Act, 1961 against the
order dated 12.06.2019 made in ITA.No.2584/Chny/2017 on the file of the
Income Tax Appellate Tribunal, Madras 'B' Bench for the assessment year
2009-10.
For Appellant: Mr.R.Karthik Ranganathan
Senior Standing Counsel
For Respondent: Mr.Ashok Pathy
for M/s.Pass Associates
1/6
https://www.mhc.tn.gov.in/judis/
TCA.No.423 of 2020
JUDGMENT
(Delivered by T.S.Sivagnanam,J)
This appeal filed by the Revenue under Section 260A of the Income
Tax Act, 1961 ('the Act' for brevity) is directed against the order dated
12.06.2019 made in ITA.No.2584/Chny/2017 passed by the Income Tax
Appellate Tribunal, Madras 'B' Bench ('the Tribunal' for brevity) for the
assessment year 2009-10.
2. The appellant has raised the following substantial questions of law
for consideration:
“1. Whether on the facts and the
circumstances of the case and in law, the decision
of the Hon'be Income Tax Appellate Tribunal is
perverse in holding that the capital asset (Vacant
Land) sold by the assessee was agricultural land
defined under section 2(14)(iii) of the IT Act?
2. Whether on the facts and the
circumstances of the case and in law, the Hon'be
Income Tax Appellate Tribunal is right in holding
that the transfer of Capital Asset will not attract
the provisions of section 45(1)?
3. Whether on the facts and circumstances
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TCA.No.423 of 2020
of the case and in law, the Hon'ble Income Tax
Appellate Tribunal is right in following the
rationale of the decision of the Jurisdictional
High Court in the case of PCIT6 Vs. Shri
A.Lalichan in TCA.No.504 of 2018 dated
11.10.2018?
4. Whether on the facts and the
circumstances of the case and in law, the Hon'be
Income Tax Appellate Tribunal is right in
confirming the income declared by the assessee as
agricultural inocme without considering the
criteria laid down by virtue of section 2(1A)?"
3. We have heard Mr.Karthik Ranganathan, learned Senior Standing
Counsel appearing for the appellant/Revenue and Mr.Ashok Pathy, learned
counsel appearing for the respondent.
4. The learned counsel appearing on behalf of the respondent/
assessee submits that the respondent/assessee has already filed the
declaration/undertaking under the Vivad Se Vishwas Scheme on 30.12.2020
and is awaiting orders to be passed in Form No.3.
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TCA.No.423 of 2020
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 and consequently, the substantial questions of law framed are left
open. No costs.
(T.S.S.,J.) (R.N.M.,J.)
05.01.2021
Index: Yes/No
Internet:Yes/No
Speaking Judgment/Non speaking Judgment
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https://www.mhc.tn.gov.in/judis/
TCA.No.423 of 2020
To
1. The Income Tax Appellate Tribunal,
Chennai 'B' Bench.
2. Principal Commissioner of Income Tax,
Corporate Circle-2(2),
Nungambakkam, Chennai - 600 034.
https://www.mhc.tn.gov.in/judis/
TCA.No.423 of 2020
T.S.SIVAGNANAM,J
AND
R.N.MANJULA,J
hvk
TCA.No.423 of 2020
05.01.2021
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