Madras High Court
Commissioner Of Income Tax vs Shri Sunil Chopra on 18 January, 2021
TCA.No.426 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.01.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE R.N.MANJULA
Tax Case Appeal No.426 of 2020
Commissioner of Income Tax,
Non Corporate Circle 14(4),
Chennai. ...Appellant
Vs
Shri Sunil Chopra ...Respondent
APPEAL under Section 260A of the Income Tax Act, 1961 against
the order dated 04.03.2020 passed by the Income Tax Appellate Tribunal,
Madras 'A' Bench, Chennai made in I.T.A.No.2923/Chny/2018 for the
assessment year 2015-16.
For Appellant : Mr.M.Swaminathan
Standing Counsel
For Respondent : Mr.P.Prithivi Chopda
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TCA.No.426 of 2020
Judgment was delivered by T.S.SIVAGNANAM,J
This appeal has been filed by the assessee under Section 260A of the
Income Tax Act, 1961 ('the Act' for brevity) challenging the order dated
04.03.2020 made in I.T.A.No.2923/Chny/2018 on the file of the Income Tax
Appellate Tribunal, Chennai, 'A' Bench ('the Tribunal' for brevity) for the
assessment year 2015-16.
2.The appeal has been filed by raising the following substantial
questions of law:
“1.Whether 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?
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.,”
2.Whether the Income Tax Appellate Tribunal was
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TCA.No.426 of 2020
right in not adjudicating the several grounds raised by
the appellant and thereby not giving an opportunity of
being heard?”
3.We have heard Mr.M.Swaminthan, learned counsel appearing for
the appellant/revenue and Mr.P.Prithivi Chopda, learned counsel appearing
for the respondent/assessee.
4.The learned counsel on behalf of the appellant/assessee submits
that the respondent/assessee already filed the declaration/ undertaking under
the Vivad Se Vishwas Scheme on 22.03.2020 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
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TCA.No.426 of 2020
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
cse
To
The Income Tax Appellate Tribunal, 'A' Bench,
Chennai.
https://www.mhc.tn.gov.in/judis/
TCA.No.426 of 2020
T.S.SIVAGNANAM,J
AND
R.N.MANJULA,J
cse
TCA.No.426 of 2020
18.01.2021
https://www.mhc.tn.gov.in/judis/
