Madras High Court
Shri P.K.Duraisamy vs The Assistant Commissioner Of on 2 March, 2021
TCA.No.403 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.3.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MS.JUSTICE R.N.MANJULA
Tax Case Appeal No.403 of 2019
Shri P.K.Duraisamy ...Appellant
Vs
The Assistant Commissioner of
Income Tax, Central Circle II,
Coimbatore. ...Respondent
APPEAL under Section 260A of the Income Tax Act, 1961 against
the order dated 30.1.2019 passed by the Income Tax Appellate
Tribunal, Madras 'B' Bench, Chennai made in I.T.A.No.816/Chny/2013
for the assessment year 2008-09.
For Appellant: Mr.A.S.Sriraman
For Respondent: Mr.T.R.Senthilkumar, SSC assisted by
Ms.K.G.Usharani, JSC
Judgment was delivered by T.S.SIVAGNANAM,J
This appeal has been filed by the assessee under Section 260A of
the Income Tax Act, 1961 ('the Act' for brevity) challenging the order
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TCA.No.403 of 2019
dated 30.1.2019 made in I.T.A.No.816/Chny/2013 on the file of the
Income Tax Appellate Tribunal, Chennai, 'B' Bench ('the Tribunal' for
brevity) for the assessment year 2008-09.
2. The appeal was admitted on 22.7.2020 on the following
substantial questions of law :
““i. Whether penalty under Section
271AAA of the Act is justifiably leviable in the
context of wrong initiation of the proceedings
as reflected in the show cause notice issued?
ii. Whether the Appellate Tribunal has
power to deviate from the decision of the
jurisdictional High Court and jurisdictional
Bench of the Income Tax Appellate Tribunal on
the identical question of law considered and
answered by them ?
iii. Whether the provisions of Section
271AAA of the Act can be justifiably invoked/
levied despite the satisfaction of the conditions
for the applicability of the exceptions carved
out in the said penal provisions of the Act ?
And
iv. Whether the Appellate Tribunal is
correct in confirming the levy of penalty under
Section 271AAA of the Act in the context of the
appellant/assessee surrendering the
undisclosed income in the return of income
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TCA.No.403 of 2019
filed based on the statements recorded under
Section 132(4) of the Act and further
undisputedly complied the other consequential
conditions ?”
3. We have heard Mr.A.S.Sriraman, learned counsel for the
appellant/assessee and Mr.T.R.Senthilkumar, learned Senior Standing
Counsel assisted by Ms.K.G.Usharani, learned Junior Standing Counsel
appearing for the respondent/Revenue.
4. The learned counsel for the assessee submits that the
assessee already filed the declaration/undertaking under the Vivad Se
Vishwas Scheme and orders were passed on 11.1.2021 in Form No.3.
5. In the light of the subsequent event, the assessee is given
liberty to restore this appeal in the event the ultimate decision taken
on the declaration filed by the assessee under Section 4 of the said Act
is not in favour of the assessee. If such a prayer is made, the Registry
shall entertain the prayer without insisting upon any application to be
filed for condonation of delay in restoration of the appeal and on such
request made by the assessee by filing a miscellaneous petition for
restoration, the Registry shall place such petition before the
appropriate Division Bench for orders.
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TCA.No.403 of 2019
T.S.SIVAGNANAM,J
AND
R.N.MANJULA,J
RS
6. The tax case appeal stands disposed of with the
aforementioned liberty. Consequently, the substantial questions of law
framed are left open. No costs.
02.3.2021
To
1.The Income Tax Appellate Tribunal, 'B' Bench, Chennai.
2.The Assistant Commissioner of Income Tax, Central Circle II,
Coimbatore.
TCA.No.403 of 2019
https://www.mhc.tn.gov.in/judis/
