Madras High Court
Commissioner Of Income Tax vs M/S.Subuthi Finance Ltd on 11 November, 2021
Tax Case Appeal No.289 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.11.2021
CORAM :
THE HON'BLE MR. JUSTICE R. MAHADEVAN
AND
THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ
Tax Case Appeal No.289 of 2010
Commissioner of Income Tax,
Chennai ... Appellant
Vs.
M/s.Subuthi Finance Ltd.,
15, Kadhar Nawaz Khan Road,
Chennai 600 006. ... 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 03.06.2009 passed in I.T.A.No.2100/mds/2008
For Appellant : Mr.J. Narayanasamy
Senior Standing Counsel
For Respondent : Mr.Sridhar
Page 1/5
https://www.mhc.tn.gov.in/judis
Tax Case Appeal No.289 of 2010
JUDGMENT
(Judgment was delivered by R. MAHADEVAN, J.)
This Tax Case Appeal has been filed by the appellant / Revenue
challenging the order dated 03.06.2009 passed by the Income Tax Appellate
Tribunal, Bench 'A', Chennai ('the Tribunal', for brevity) in
I.T.A.No.2100/mds/2008 for the Assessment Year 1999-2000.
2.The above appeal was admitted on 08.06.2010 on the following
substantial questions of law :
“1.Whether on the facts and in the circumstances of the
case, the Tribunal was right in holding that the assessee is
entitled for depreciation on the account of 2 wind mills which
were added to the fixed assets valued at Rs.1.8 crores when the
insurance policy, TNEB certificate, sale deed of the land
relating to the windmills proved that the assessee was not the
owner of the wind mills?”
3.When the matter was taken up for consideration, the learned counsel
appearing for the respondent / assessee submitted that during the pendency
of this tax case appeal, the assessee has filed the requisite Forms 1 and 2
Page 2/5
https://www.mhc.tn.gov.in/judis
Tax Case Appeal No.289 of 2010
under Section 4 of the Direct Tax Vivad Se Vishwas Act, 2020, which were
accepted and Form 3 was issued to the assessee on 04.03.2021 by the Income
Tax Department. The learned counsel has also filed a memo to that effect.
4.The aforesaid submission made by the learned counsel for the
respondent / assessee has also been fairly conceded by the learned senior
standing counsel appearing for the appellant / Revenue.
5.This court heard the submissions made by the learned counsel on
either side, as per which, the assessee has already availed the benefit
conferred under the beneficial legislation viz., the Direct Tax Vivad Se
Vishwas Act, 2020, enacted for resolution of disputed tax and for matters
connected therewith or incidental thereto, which came into force with effect
from 17.03.2020; and the declarations submitted by them were also accepted
and Form 3 was also issued to the assessee by the Income Tax Department.
In view of such development, it is unnecessary for this court to decide the
substantial question of law arisen in this tax case appeal.
Page 3/5
https://www.mhc.tn.gov.in/judis
Tax Case Appeal No.289 of 2010
6.Therefore, recording the submissions so made by the learned counsel
on either side, this appeal stands disposed of, directing the department to
process the application at the earliest in accordance with the Act and
communicate the decision to the assessee at the earliest. No costs.
[R.M.D,J.] [M.S.Q, J.]
11.11.2021
msr
Internet : Yes
Index : Yes / No
To
1.The Income Tax Appellate Tribunal, Madras “A” Bench
2.The Commissioner of Income Tax,
Chennai
Page 4/5
https://www.mhc.tn.gov.in/judis
Tax Case Appeal No.289 of 2010
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
msr
Tax Case Appeal No.289 of 2010
11.11.2021
Page 5/5
https://www.mhc.tn.gov.in/judis
