Madras High Court
Principal Commissioner Of Income ... vs M/S.Sri Mohan Kumar Agarwal on 8 January, 2021
TCA.No.4 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2021
CORAM :
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Ms.Justice R.N.MANJULA
Tax Case Appeal No.4 of 2021
Principal Commissioner of Income Tax,
Non-Corporate Ward-9(2),
Nungambakkam, Chennai - 600 034. ...Appellant
Vs
M/s.Sri Mohan Kumar Agarwal,
No.3, Menod Street,
Purasawalkam,
Chennai - 600 007.
PAN: ACYPA6971A ...Respondent
APPEAL under Section 260A of the Income Tax Act, 1961 against the
order dated 16.12.2019 made in ITA.No.1666/CHNY/2018 on the file of the
Income Tax Appellate Tribunal, Madras 'D' Bench for the assessment year
2014-15.
For Appellant: Mr.R.Karthik Ranganathan
Senior Standing Counsel
For Respondent: Mr.Ashok Pathy
for M/s.Pass Associates
1/6
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TCA.No.4 of 2021
JUDGMENT
(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 dated
16.12.2019 made in ITA.No.1666/CHNY/2018 on the file of the Income
Tax Appellate Tribunal, Madras 'D' Bench ('the Tribunal' for brevity) for the
assessment year 2014-15.
2. The assessee has raised the following substantial questions of law
for consideration:
“1. Whether on the facts and circumstances
of the case and in law, the Hon'ble 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?
2. Whether on the facts and circumstances
of the case and in law, the Hon'ble ITAT was right
and justified in not dismissing the appeal of the
assessee as done by the ITAT "A" Bench, Chennai
in ITA.No.827/Chny/2019 dt. 11.06.2019 in the
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TCA.No.4 of 2021
case of Smt.Rekha Jain, and by ITAT"C" Bench,
Chennai in ITA.No.3009/Chny/2018 in the case of
Harish Kumar HUF, when the facts and
circumstances of those cases are exactly similar to
the present case?
3. Whether on the facts and circumstances
of the case and in law, the Hon'ble ITAT was right
and justified in remitting the issue back to the file
of 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
prices of shares etc.?"
3. We have heard Mr.Karthik Ranganathan, learned Senior Standing
Counsel appearing for the appellant/Revenue. Mr.Ashok Pathy for M/s.Pass
Associates takes notice on behalf of the respondent.
4. The learned counsel for the respondent/assessee submits that the
assessee has already filed the declaration/undertaking under the Vivad Se
Vishwas Scheme and is awaiting orders to be passed in Form No.3.
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TCA.No.4 of 2021
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.)
08.01.2021
Index: Yes/No
Internet:Yes/No
Speaking Judgment/Non speaking Judgment
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TCA.No.4 of 2021
To
1. The Income Tax Appellate Tribunal,
Madras 'D' Bench.
2. Principal Commissioner of Income Tax,
Non-Corporate Ward-9(2),
Nungambakkam, Chennai - 600 034.
https://www.mhc.tn.gov.in/judis/
TCA.No.4 of 2021
T.S.SIVAGNANAM,J
AND
R.N.MANJULA,J
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TCA.No.4 of 2021
08.01.2021
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