Madras High Court
Commissioner Of Income Tax vs M/S.Power Soaps P. Ltd on 2 March, 2021
Tax Case Appeal No.161 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE T.V. THAMILSELVI
Tax Case Appeal No.161 of 2016
Commissioner of Income Tax
Central I,
108, Nungambakkam High Road,
Chennai – 600 034. ... Appellant
Vs.
M/s.Power Soaps P. Ltd.,
R.S.No.94/1, Embalam Main Road,
Sembiambalayam Village,
Korkadu PO, Pondicherry – 605 110. ... Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act,
1961 against the order of the Income Tax Appellate Tribunal, Chennai
"A" Bench, dated 16.09.2015 passed in I.T.A.No.306/Mds/2015.
For Appellant : Mr.T.R.Senthil Kumar
Senior Standing Counsel
and Mrs.K.G.Usharani
Standing Counsel
For Respondent : Ms.Sri Niranjani Srinivasan
for Mr.G.Baskar
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Tax Case Appeal No.161 of 2016
JUDGMENT
(Delivered by M.DURAISWAMY, J.)
This appeal filed by the Revenue under Section 260A of the
Income Tax Act, 1961 ('the Act' for brevity), is directed against the order
dated 16.09.2015 passed by the Income Tax Appellate Tribunal, Chennai
"A" Bench, ('the Tribunal' for brevity) in I.T.A.No.306/Mds/2015 for the
assessment year 2010-11. The Revenue has raised the following
substantial questions of law in the appeal :
“1.Whether on the facts and circumstances of the
case, the Appellate Tribunal was right in holding that the
amount paid to sister concern under the head trade discount
through book entry does not constitute as an expenditure for
the purpose of Section 40A(2)(a) of the Income Tax Act ?
2.Whether the return of income filed by the assessee
under Section 139(1) of the Income Tax Act claiming
depreciation can be rated as exercising of option before the
due date as prescribed in the Second Proviso to Rule 5(1A)
of the Income Tax Rules?”
The above appeal has been admitted on 23.02.2016 on the above stated
first question of law.
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Tax Case Appeal No.161 of 2016
2.We have heard Mr.T.R.Senthil Kumar, learned Senior Standing
Counsel and Mrs.K.G.Usharani, learned Standing Counsel, for the
appellant/Revenue and Ms.Sri Niranjani Srinivasan for Mr.G.Baskar
learned counsel for the respondent/assessee.
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.
4.Learned counsel for the respondent/assessee submitted that the
assessee had availed the Vivad Se Vishwas Scheme and that the
respondent/assessee had already been issued with Form–3 on
16.12.2020.
5.Since the respondent/assessee had been issued with Form-3,
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Tax Case Appeal No.161 of 2016
nothing survives for adjudication in the above appeal. Recording the
submission made by the learned counsel for the respondent/assessee, the
Tax Case Appeal stands disposed of. No costs.
[M.D., J.] [T.V.T.S., J.]
Index : Yes/No 02.03.2021
Internet : Yes
mkn
To
1.The Income Tax Appellate Tribunal, Chennai "A" Bench
2.The Commissioner of Income Tax
Central I,
108, Nungambakkam High Road,
Chennai – 600 034.
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Tax Case Appeal No.161 of 2016
M. DURAISWAMY, J.
and
T.V. THAMILSELVI, J.
mkn
Tax Case Appeal No.161 of 2016
02.03.2021
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