Madras High Court
M/S.Ttk Healthcare Ltd vs The Assistant Commissioner Of ... on 22 June, 2021
Tax Case Appeal No.356 of 2012
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.356 of 2012
M/s.TTK Healthcare Ltd
6, Cathedral Road
Chennai – 600 086. ... Appellant
Vs.
The Assistant Commissioner of Income Tax
Company Circle – III (2),
Chennai. ... Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act,
1961 against the order of the Income Tax Appellate Tribunal, Madras
"C" Bench, dated 13.10.2011 passed in I.T.A.No.794/Mds/10.
For Appellant : Mr.R.Venkata Narayanan
for M/s.Subbaraya Aiyar Padmanabhan
For Respondent : Mrs.V.Pushpa
Standing Counsel
https://www.mhc.tn.gov.in/judis/
Page 1/5
Tax Case Appeal No.356 of 2012
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 13.10.2011 passed by the Income Tax Appellate Tribunal, Madras
"C" Bench, ('the Tribunal' for brevity) in I.T.A.No.794/Mds/10 for the
assessment year 2005-06. The above appeal has been admitted on
01.02.2013 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 carried forward
business/capital loss and unabsorbed depreciation of the
amalgamating companies in terms of provisions of
Sec.72A 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
Mrs.V.Pushpa, learned Standing Counsel for the respondent/Revenue.
3. It may not be necessary for this Court to decide the Substantial
https://www.mhc.tn.gov.in/judis/
Page 2/5
Tax Case Appeal No.356 of 2012
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.]
22.06.2021
mkn (1/3)
Index : Yes/No
https://www.mhc.tn.gov.in/judis/
Page 3/5
Tax Case Appeal No.356 of 2012
Internet : Yes
To
1. Income Tax Appellate Tribunal, Madras "C" Bench
2.The Assistant Commissioner of Income Tax
Company Circle – III (2),
Chennai.
https://www.mhc.tn.gov.in/judis/
Page 4/5
Tax Case Appeal No.356 of 2012
M. DURAISWAMY, J.
and
R. HEMALATHA, J.
mkn
Tax Case Appeal No.356 of 2012
22.06.2021
(1/3)
https://www.mhc.tn.gov.in/judis/
Page 5/5
