Madras High Court
A. Savarimuthu vs The Income Tax Officer on 11 November, 2021
Tax Case Appeal No.366 of 2020
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.366 of 2020
and
CMP.No.11526 of 2020
A. Savarimuthu ... Appellant
Vs.
The Income Tax Officer,
Non-Corporate Ward 12(1),
Chennai. ... Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act,
1961 against the order of the Income Tax Appellate Tribunal, 'C' Bench
Chennai, dated 22.02.2018 passed in I.T.A.No.1531/Mds/2017.
For Appellant : Mr. N. Quadir Hoseyn
For Respondent : Mrs. V. Pushpa,
Standing Counsel
Page 1/5
https://www.mhc.tn.gov.in/judis
Tax Case Appeal No.366 of 2020
JUDGMENT
(Judgment was delivered by R. MAHADEVAN, J.)
This Tax Case Appeal has been filed by the appellant / assessee
challenging the order dated 22.02.2018 passed by the Income Tax Appellate
Tribunal, Bench 'C', Chennai ('the Tribunal', for brevity) in
I.T.A.No.1531/Mds/2017 for the Assessment Year 2013-14.
2.The above appeal was admitted on 15.10.2010 on the following
substantial questions of law:
“1.Whether on the facts and in the circumstances of the
case the Tribunal was right in denying exemption under
Section 54F in respect of investment in a property yielding
rental income from shops assessed under the head “Income
from House Property” u/s.22?
2.Whether on the facts and in the circumstances of the
case the Tribunal was right in holding, relying on property tax
assessment and electricity connection under the head
“Commercial” that the subject property was commercial
instead of relying on assessment under the Income Tax Act?
Page 2/5
https://www.mhc.tn.gov.in/judis
Tax Case Appeal No.366 of 2020
3.Whether on the facts and in the circumstances of the
case, in the absence of definition as to the term “residential
property”, the tribunal ought to have upheld the appellant
entitlement for exemption under section 54F in view of Board's
circular dated 28.06.1973.”
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 (1) of the Direct Tax Vivad Se Vishwas Act, 2020, which were
accepted and Form 3 was issued to the assessee on 21.04.2021 by the Income
Tax Department. The learned counsel has also filed a memo dated
11.11.2021 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 respondent / 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
Page 3/5
https://www.mhc.tn.gov.in/judis
Tax Case Appeal No.366 of 2020
conferred under the beneficial legislation viz., the Direct Tax Vivad Se
Vishwas Act, 2020, enacted for resolution of disputed tax and for matter
connected therewith or incidental thereto, which came into force with effect
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 earliest. No costs. Consequently, connected
miscellaneous petition is closed.
(R.M.D., J.) (M.S.Q., J.)
11.11.2021
msr
Internet : Yes
Index : Yes / No
To
1.Income Tax Appellate Tribunal, Chennai "C" Bench,
2.The Income Tax Officer,
Non-Corporate Ward 12(1), Chennai.
Page 4/5
https://www.mhc.tn.gov.in/judis
Tax Case Appeal No.366 of 2020
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
msr
Tax Case Appeal No.366 of 2020
11.11.2021
Page 5/5
https://www.mhc.tn.gov.in/judis
