Madras High Court
M/S.Ttk Healthcare Ltd vs The Deputy Commissioner Of Income ... on 22 June, 2021
Tax Case Appeal No.557 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE R. HEMALATHA
Tax Case Appeal No.557 of 2016
M/s.TTK Healthcare Ltd
6, Cathedral Road
Chennai – 600 086. ... Appellant
Vs.
The Deputy Commissioner of Income Tax,
Company Circle – III (2),
New Block, 4th Floor,
121, M.G. Road,
Chennai – 600 034. ... Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act,
1961 against the order of the Income Tax Appellate Tribunal, Madras
"D" Bench, dated 02.07.2013 passed in I.T.A.No.1897/Mds/11.
For Appellant : Mr.R.Venkata Narayanan
for M/s.Subbaraya Aiyar Padmanabhan
For Respondent : Mr.M.Swaminathan
Senior Standing Counsel
assisted by Mrs.V.Pushpa
Standing Counsel
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Tax Case Appeal No.557 of 2016
JUDGMENT
(Delivered by M.DURAISWAMY, J.)
This appeal filed by the assessee under Section 260A of the
Income Tax Act, 1961 ('the Act' for brevity), is directed against the order
dated 02.07.2013 passed by the Income Tax Appellate Tribunal, Madras
"D" Bench, ('the Tribunal' for brevity) in I.T.A.No.1897/Mds/11 for the
assessment year 2004-05. The above appeal has been admitted on
10.08.2016 on the following Substantial Question of Law:
"Whether on the facts and in the circumstances of
the case, the Tribunal was right in law in holding that
appellant is not entitled to set off the carried forward
depreciation of the amalgamating companies in terms of
provisions of Sec.72 A read with Rule 9 C?”
2. We have heard Mr.R.Venkata Narayanan for M/s.Subbaraya
Aiyar Padmanabhan, learned counsel for the appellant/assessee and
Mr.M.Swaminathan, learned Senior Standing Counsel, assisted by
Mrs.V.Pushpa, learned Standing Counsel for the respondent/Revenue.
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Tax Case Appeal No.557 of 2016
3. 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.
4. We are informed by the learned counsel for the appellant/
assessee that the assessee had already been issued with Form-3 on
03.05.2021 and the learned counsel for the appellant seeks permission of
this Court to withdraw the appeal.
5. In view of the submission made by the learned counsel for the
appellant, the Tax Case Appeal stands dismissed as withdrawn. No costs.
[M.D., J.] [R.H., J.]
mkn 22.06.2021
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Tax Case Appeal No.557 of 2016
Index : Yes/No
Internet : Yes
To
1. Income Tax Appellate Tribunal, Madras "D" Bench
2.The Deputy Commissioner of Income Tax,
Company Circle – III (2),
New Block, 4th Floor,
121, M.G. Road,
Chennai – 600 034.
https://www.mhc.tn.gov.in/judis/
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Tax Case Appeal No.557 of 2016
M. DURAISWAMY, J.
and
R. HEMALATHA, J.
mkn
Tax Case Appeal No.557 of 2016
22.06.2021
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