Madras High Court
The Commissioner Of Income Tax vs M/S.Redington India Ltd on 21 June, 2021
Tax Case Appeal No.323 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE R. HEMALATHA
Tax Case Appeal No.323 of 2021
The Commissioner of Income Tax,
Chennai. ... Appellant
Vs.
M/s.Redington India Ltd.,
95, Mount Road, SPL Guindy House
Guindy, Chennai – 600 032.
PAN:AABCR03479 ... Respondent
Tax Case Appeal filed under Section 260-A of the Income Tax
Act, 1961 against the order of the Income Tax Appellate Tribunal,
Madras "D" Bench, dated 18.10.2015 passed in
I.T.A.No.1145/Mds/2016.
For Appellant : Mr. T. Ravikumar
Senior Standing Counsel
For Respondent : Mr.R. Venkatanarayanan
Page 1/5
http://www.judis.nic.in
Tax Case Appeal No.323 of 2021
JUDGMENT
(Delivered by M.DURAISWAMY, J.)
This appeal filed by the Revenue under Section 260-A of the
Income Tax Act, 1961 ('the Act' for brevity), is directed against the order
dated 18.10.2015 passed by the Income Tax Appellate Tribunal, Madras
"D" Bench, ('the Tribunal' for brevity) in I.T.A.No.1145/Mds/2016 for
the assessment year 2011-2012.
2. The appellant has raised the following Substantial Question of
Law in the above appeal:
“ Whether the Tribunal was right in holding that
the Corporate Bank guarantee given by the Assessee to
its Associate Enterprise is not an internal transaction
when the fact remains that as per the amended provision
of Finance Act, 2012 introduced with retrospectives
effect from 01.04.2002 the term “Guarantee” had been
included under the purview of international transaction
as per Explanation (c ) to Section 92B?”
Page 2/5
http://www.judis.nic.in
Tax Case Appeal No.323 of 2021
3. We have heard Mr.T.Ravikumar, learned Senior Standing
Counsel for the appellant/Revenue and Mr.R.Venkatanarayanan, learned
counsel for the respondent/assessee.
4. It may not be necessary for this Court to decide the Substantial
Question 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.
5. The learned counsel for the respondent/assessee submitted that
the respondent/assessee had availed Vivad Se Vishwas Scheme and that
the Department had also issued Form – 3 on 15.04.2021.
Page 3/5
http://www.judis.nic.in
Tax Case Appeal No.323 of 2021
6. Since the assessee has been issued with Form – 3, nothing
survives for adjudication in the above appeal. Recording the submission
made by the learned counsel for the respondent/assessee, the Tax Case
Appeal stands disposed of. No costs.
[M.D., J.] [R.H., J.]
21.06.2021
Index : Yes/No
Internet : Yes
gv
To
1. Income Tax Appellate Tribunal, Madras "D" Bench.
2. The Commissioner of Income Tax,
Chennai.
Page 4/5
http://www.judis.nic.in
Tax Case Appeal No.323 of 2021
M. DURAISWAMY, J.
and
R. HEMALATHA., J.
gv
Tax Case Appeal No.323 of 2021
21.06.2021
Page 5/5
http://www.judis.nic.in
