Shri.B.Babu Manoharan vs The Deputy Commissioner Of ...
2021 Latest Caselaw 12816 Mad

                                               Tax Case Appeal No.541 of 2009

           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                        DATED : 30.06.2021

                              CORAM

            THE HON'BLE MR.JUSTICE M. DURAISWAMY
                             AND
            THE HON'BLE MRS.JUSTICE R. HEMALATHA

                   Tax Case Appeal No.541 of 2009


Shri.B.Babu Manoharan,
No.56-C, Old Mahabalipuram Road,
Sholinganallur,
Chennai – 600 119.                                ...   Appellant

                                Vs.


The Deputy Commissioner of Income-Tax,
Circle I (i/c)
Tambaram,
Chennai – 600 045.                                  ... Respondent

      Tax Case Appeal filed under Section 260A of the Income Tax Act,
1961 against the order of the Income Tax Appellate Tribunal, Madras
"A" Bench, dated 02.01.2009 passed in I.T.(SS).A.No.10/Mds/2007.


      For Appellant     : Ms.Sri Niranjani Srinivasan

      For Respondent    : Mr.Karthik Ranganathan
                          Senior Standing Counsel




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                                                  Tax Case Appeal No.541 of 2009



                          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 02.01.2009 passed by the Income Tax Appellate Tribunal, Madras

"A" Bench, ('the Tribunal' for brevity) in I.T.(SS).A.No.10/Mds/2007 for

the Block Assessment Period 01.04.1989 to 31.03.1999. The above

appeal has been admitted on 27.07.2009 on the following Substantial

Question of Law:

"Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law in upholding the levy of penalty under Section 158 BFA(2) of the Income Tax Act?”

2. We have heard Ms.Sri Niranjani Srinivasan, 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

Question of Law framed for consideration on account of certain

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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

30.04.2021 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.

                                             [M.D., J.]      [R.H., J.]
                                                  30.06.2021
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Index       : Yes/No
Internet    : Yes



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                                             Tax Case Appeal No.541 of 2009




To

1. Income Tax Appellate Tribunal, Madras "A" Bench

2.The Deputy Commissioner of Income-Tax, Circle I (i/c) Tambaram, Chennai – 600 045.

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M. DURAISWAMY, J.

and R. HEMALATHA, J.

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Tax Case Appeal No.541 of 2009

30.06.2021

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