Madras High Court
M/S.Ootacamund Club vs Income Tax Officer on 5 March, 2021
Tax Case Appeal No.194 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE T.V. THAMILSELVI
Tax Case Appeal No.194 of 2017
M/s.Ootacamund Club,
Club Road, P.O.Box No.19,
Ootacamund – 643 001. ... Appellant
Vs.
Income Tax Officer,
Ward I (1),
Ootacamund. ... 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 05.08.2015 passed in I.T.A.No.1529/Mds/2013.
For Appellant : Mr.R.Sivaraman
For Respondent : Mr.T.R.Senthil Kumar
Senior Standing Counsel
and Mrs.K.G.Usha Rani
Standing Counsel
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Tax Case Appeal No.194 of 2017
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 05.08.2015 passed by the Income Tax Appellate Tribunal, Madras
"A" Bench, ('the Tribunal' for brevity) in I.T.A.No.1529/Mds/2013 for
the assessment year 2010-11. The above appeal has been admitted on
12.04.2017 on the following Substantial Questions of Law:
“1.Whether having regard to the judgment of the
Supreme Court in State of West Bengal Vs. Calcutta Club
Limited reported in (2016) 96 VST 20, the principle of
mutuality is attracted between a Club and its members and
if so, whether the Tribunal was right in law in ignoring the
principles of mutuality in the facts of the present case ?
2.Whether on the facts and circumstances of the
case, the Appellate Tribunal was right in law in holding
that interest received from bank and other financial
institutions of Rs.9,77,960/- on account of fixed deposit
shall fall outside the purview of “principle of mutuality”
and therefore, the said sum shall be taxable as income?”
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Tax Case Appeal No.194 of 2017
2. We have heard Mr.R.Sivaraman, learned counsel for the
appellant/assessee and Mr.T.R.Senthil Kumar, learned Senior Standing
Counsel and Mrs.K.G.Usha Rani, learned 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.
4. We are informed by the learned counsel for the appellant/
assessee that the assessee had already been issued with Form-3 on
22.01.2021 and the learned counsel for the appellant seeks permission of
this Court to withdraw the appeal.
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Tax Case Appeal No.194 of 2017
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.] [T.V.T.S., J.]
Index : Yes/No 05.03.2021
Internet : Yes
mkn
To
1. Income Tax Appellate Tribunal, Madras "A" Bench
2.The Income Tax Officer,
Ward I (1),
Ootacamund.
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Tax Case Appeal No.194 of 2017
M. DURAISWAMY, J.
and
T.V. THAMILSELVI, J.
mkn
Tax Case Appeal No.194 of 2017
05.03.2021
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