The Commissioner Of Income Tax vs M/S.Phool Chand Mangal Chand
2021 Latest Caselaw 6250 Mad

Citation : 2021 Latest Caselaw 6250 Mad
Judgement Date : 9 March, 2021

Madras High Court

The Commissioner Of Income Tax vs M/S.Phool Chand Mangal Chand on 9 March, 2021

                                                                                 TCA.No.91 of 2020


                                       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 09.3.2021

                                                          CORAM

                                       THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM

                                                            and

                                         THE HONOURABLE MS.JUSTICE R.N.MANJULA

                                                Tax Case Appeal No.91 of 2020


                     The Commissioner of Income Tax,
                     Non Corporate Circle 14(3),
                     Chennai.                                                    ...Appellant
                                                             Vs
                     M/s.Phool Chand Mangal Chand                                ...Respondent

APPEAL under Section 260A of the Income Tax Act, 1961 against

the order dated 16.9.2019 passed by the Income Tax Appellate

Tribunal, Madras 'B' Bench, Chennai made in I.T.A.No.1495/Chny/2019

for the assessment year 2014-15.

For Appellant: Mr.M.Swaminathan, SSC assisted by Mrs.V.Pushpa, JSC Respondent : served and no appearance

Judgment was delivered by T.S.SIVAGNANAM,J

This appeal has been filed by the Revenue under Section 260A of

the Income Tax Act, 1961 ('the Act' for brevity) challenging the order

https://www.mhc.tn.gov.in/judis/ TCA.No.91 of 2020

dated 16.9.2019 made in I.T.A.No.1495/Chny/2019 on the file of the

Income Tax Appellate Tribunal, Chennai, 'B' Bench ('the Tribunal' for

brevity) for the assessment year 2014-15.

2. The appeal was admitted on 19.2.2020 on the following

substantial questions of law :

““i. Whether the Income Tax Appellate Tribunal was right and justified in setting aside the order passed by the Assessing Officer to re-examine the matter when the Assessing Officer has already duly examined the matter before passing the assessment order ? and ii. Whether the Income Tax Appellate Tribunal was right and justified in remitting the issue back to the file of the Assessing Officer and shifting the onus to the Revenue with a direction that the Assessing Officer shall bring on record the role of the assessee in promoting the company and the relationship of the assessee, if any with the promoters, role of the assessee in inflating the price of shares, etc.?”

3. We have heard Mr.M.Swaminathan, learned Senior Standing

Counsel assisted by Mrs.V.Pushpa, learned Junior Standing Counsel for

the appellant/Revenue. Though the respondent is served and their

name printed in the cause list, none appears for the respondent.

4. The learned counsel for the assessee submits that the

https://www.mhc.tn.gov.in/judis/ TCA.No.91 of 2020

assessee already filed the declaration/undertaking under the Vivad Se

Vishwas Scheme and orders were passed on 18.12.2020 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