Madras High Court
M/S Erode Annai Spinning Mills P ... vs The Assistant Commissioner Of ... on 11 November, 2021
Tax Case Appeal No. 1219 of 2015
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.1219 of 2015
M/s Erode Annai Spinning Mills P Ltd
72, Mudali Thottam
Veerappanchatram
Erode – 638 004
PAN: AAACE4596N .. Appellant
Versus
The Assistant Commissioner of Income Tax
Central Circle – I
Coimbatore .. Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act,
1961 against the order of the Income Tax Appellate Tribunal, “A” Bench,
Chennai, dated 30.09.2015 passed in I.T.A.No.1389/Mds/2015.
For Appellant : Mr.S. Sridhar
For Respondent : Mrs.K.G. Usha Rani
Standing Counsel
JUDGMENT
Page 1/5
https://www.mhc.tn.gov.in/judis
Tax Case Appeal No. 1219 of 2015
(Judgment was delivered by R. MAHADEVAN, 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
30.09.2015 passed by the Income Tax Appellate Tribunal, "A" Bench,
Chennai ('the Tribunal' for brevity) in I.T.A.No.1389/Mds/2015 for the
assessment year 2008-09.
2. The above appeal was admitted on 05.01.2016 on the following
substantial questions of law :
“1.Whether the Appellate Tribunal is correct in law in
confirming the re-assessment framed under Section 147 of the
Act even though there was no tangible/fresh materials coupled
with blatant case of opinion on the plain reading of the
original assessment order dated 31.12.2009?
2.Whether the Appellate Tribunal is correct in law in
confirming the denial of the benefit of set off the excess
depreciation carried forward from earlier assessment years
against the deemed income assessed under section 69B of the
Act emanated from the core business of the appellant on the
miconstruction of the provisions governing in relation
Page 2/5
https://www.mhc.tn.gov.in/judis
Tax Case Appeal No. 1219 of 2015
thereto?”
3. When the matter was taken up for consideration, the learned counsel
appearing for the appellant/ Assessee submitted that during the pendency of
this tax case appeal, the assessee has filed the requisite Forms 1 and 2 under
Section 4 of the Direct Tax Vivad Se Vishwas Act, 2020, which were
accepted and Form 3 was issued to the assessee on 29.03.2020 by the Income
Tax Department. The learned counsel has also filed a memo dated
21.10.2021 to that effect.
4. The aforesaid submission made by the learned counsel for the
appellant/assessee has also been fairly conceded by the learned standing
counsel appearing for the respondentRevenue.
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
Page 3/5
https://www.mhc.tn.gov.in/judis
Tax Case Appeal No. 1219 of 2015
from 17.03.2020; and the declarations submitted by the assessee were also
accepted and Form 3 was also issued to them by the Income Tax Department.
In view of such development, it is unnecessary for this court to decide the
substantial questions of law arisen in this tax case appeal.
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 in accordance with the Act and
communicate the decision to the assessee at the earlies. No costs.
(R.M.D., J.) (M.S.K., J.)
11.11.2021
dhk
Internet : Yes
Index : Yes/No
To
1. The Income Tax Appellate Tribunal
Bench 'A', Chennai
2. The Assistant Commissioner of Income Tax
Central Circle – I, Coimbatore
Page 4/5
https://www.mhc.tn.gov.in/judis
Tax Case Appeal No. 1219 of 2015
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
dhk
Tax Case Appeal No.1219 of 2015
11.11.2021
Page 5/5
https://www.mhc.tn.gov.in/judis
