Madras High Court
M/S.Lifecell International ... vs Assistant Commissioner Of ... on 24 June, 2021
Tax Case Appeal No.643 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE R. HEMALATHA
Tax Case Appeal No.643 of 2019
and
C.M.P.No.18786 of 2019
M/s.Lifecell International Private Limited
26, Vandalur Kelambakkam Main Road,
Keelakottaiyur Village,
Chennai – 600 048. ... Appellant
Vs.
Assistant Commissioner of Income-Tax,
Corporate Circle 4(1),
121, Uthamar Gandhi Salai,
Nungambakkam, 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
"B" Bench, dated 28.05.2019 passed in I.T.A.No.247/Chny/2018.
For Appellant : Ms.N.V.Lakshmi
for Mr.N.V.Balaji
For Respondent : Mr.Karthik Ranganathan
Senior Standing Counsel
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Tax Case Appeal No.643 of 2019
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 28.05.2019 passed by the Income Tax Appellate Tribunal, Madras
"B" Bench, ('the Tribunal' for brevity) in I.T.A.No.247/Chny/2018 for
the assessment year 2013-14. The appellant/assessee has raised the
following Substantial Questions of Law in the above appeal :
"1.Whether under the facts and circumstances of the
case, the Tribunal is right in upholding the order of the
CIT (A) that the advance storage fees for 21 years are
liable for taxation in the year of receipt itself?
2.Is the finding of the Tribunal that the appellant
did not controvert the finding of the CIT(A) that the
appellant did not follow the matching concept, not
perverse, particularly when the appellant had placed all
material evidences before the Tribunal to demonstrate that
it had followed the matching concept?
3.Is the Tribunal was right in holding the order of
the CIT(A) that the entire advance storage fees for 21
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Tax Case Appeal No.643 of 2019
years received by the appellant is liable for taxation in the
year of receipt itself, merely on the perverse inference of
the CIT(A) that certain expenditure are not deferred?
4.Whether under the facts and circumstances of the
case, the Tribunal was right in not adjudicating the
ground of the appellant that the CIT(A) is not justified in
not giving the deduction in respect of revenue of earlier
year enrolments recognized during the year?”
2. We have heard Ms.N.V.Lakshmi for Mr.N.V.Balaji, learned
counsel for the appellant/assessee and Mr.Karthik Ranganathan, learned
Senior Standing Counsel for the respondent/Revenue.
3. It may not be necessary for this Court to decide the Substantial
Questions 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.
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Tax Case Appeal No.643 of 2019
4. We are informed by the learned counsel for the appellant/
assessee that the assessee had already been issued with Form-3 on
21.04.2021 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.
Consequently, connected miscellaneous petition is closed.
[M.D., J.] [R.H., J.]
24.06.2021
Index : Yes/No
Internet : Yes
mkn
To
1. Income Tax Appellate Tribunal, Madras "B" Bench
2.The Assistant Commissioner of Income Tax,
Corporate Circle 4(1),
121, Uthamar Gandhi Salai,
Nungambakkam, Chennai – 600 034.
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Tax Case Appeal No.643 of 2019
M. DURAISWAMY, J.
and
R. HEMALATHA, J.
mkn
Tax Case Appeal No.643 of 2019
24.06.2021
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