Madras High Court
M/S.Cri Pumps P Ltd vs The Additional Commissioner Of ... on 12 November, 2021
Tax Case Appeal Nos.573, 583 & 584 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2021
CORAM :
THE HON'BLE MR. JUSTICE R. MAHADEVAN
AND
THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ
Tax Case Appeal Nos. 573, 583 & 584 of 2017
M/s.CRI Pumps P Ltd
7/46-1, Keeranantham Road
Saravanampatty
Coimbatore – 641 035
PAN: AAACC 9497N
... Appellant in all Tax Case
Appeals
Vs.
The Additional Commissioner of Income Tax
Corporate Range
Coimbatore. ... Respondent in TCA.No.573 of 2017
The Assistant Commissioner of Income Tax
Company Circle 4(2)
Coimbatore.
... Respondent in TCA.Nos.583 & 584 of
2017
Tax Case Appeals filed under Section 260A of the Income Tax Act,
1961 against the orders of the Income Tax Appellate Tribunal, “D” Bench
Chennai, dated 04.05.2017 and 16.11.2016 passed in
Page 1/6
https://www.mhc.tn.gov.in/judis
Tax Case Appeal Nos.573, 583 & 584 of 2017
I.T.A.No.3496/Mds/2016 for the Assessment Year 2012-13 and
I.T.A.Nos.1017/MDS/2012 and 1872/MDS/2013 for the Assessment years
2008-09 and 2009 -2010.
For Appellant : Mr. S.Sridhar
For Respondent : Mr.M.Swaminathan, senior standing
counsel assisted Mrs.K.J.Usha Rani,
standing counsel
COMMON JUDGMENT
(Judgment was delivered by R. MAHADEVAN, J.)
These Tax Case Appeals have been filed by the Assessee, challenging
the orders dated 04.05.2017 and 16.11.2016 passed by the Income Tax
Appellate Tribunal, 'D' Bench, Chennai, for the Assessment Years 2012-13,
2008-09 and 2009 -2010.
2.On 27.07.2009, this court admitted the aforesaid appeals on the
following substantial questions of law:-
“1. Whether on the facts and in the circumstances of the
case, the Income Tax Appellate Tribunal is right in law in
rejecting the claim of the appellant for additional depreciation in
terms of section 32(1)(iia) of the Act? and
Page 2/6
https://www.mhc.tn.gov.in/judis
Tax Case Appeal Nos.573, 583 & 584 of 2017
2. Whether the Appellate Tribunal is correct in law in
mis-constructing the provisions of section 32(1)(iia) of the Act,
while not considering the legislative history of the said
provisions governing the grant of additional depreciation as well
as further not considering the principles of harmonious
interpretation ?”
3.When the matters were taken up for consideration, the learned
counsel appearing for the appellant / assessee submitted that during the
pendency of these tax case appeals, 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 08.04.2021,
29.03.2021 and 15.04.2021 by the Income Tax Department. The learned
counsel has also filed memos to that effect.
4.The aforesaid submission made by the learned counsel for the
appellant / assessee has also been fairly conceded by the learned senior
standing counsel appearing for the respondent / Revenue.
Page 3/6
https://www.mhc.tn.gov.in/judis
Tax Case Appeal Nos.573, 583 & 584 of 2017
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 questions of law arisen in these tax case appeals.
6.Therefore, recording the submissions so made by the learned counsel
on either side, these appeals stand disposed of, directing the department to
process the applications 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.]
12.11.2021
Internet : Yes
Index : Yes / No
Maya
Page 4/6
https://www.mhc.tn.gov.in/judis
Tax Case Appeal Nos.573, 583 & 584 of 2017
To
1.The Income Tax Appellate Tribunal, Chennai “D” Bench
2. The Additional Commissioner of Income Tax
Corporate Range
Coimbatore.
3. The Assistant Commissioner of Income Tax
Company Circle 4(2)
Coimbatore.
Page 5/6
https://www.mhc.tn.gov.in/judis
Tax Case Appeal Nos.573, 583 & 584 of 2017
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
Maya
T.C.A.Nos. 573, 583 & 584 of 2017
Dated : 12.11.2021
Page 6/6
https://www.mhc.tn.gov.in/judis
