Madras High Court
Shri R.Panneerselvam ... vs The Assistant Commissioner Of ... on 12 November, 2021
Tax Case Appeal No. 537 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 No. 537 of 2017
Shri R.Panneerselvam (Individual)
No.43, Sarangapani Street
T.Nagar, Chennai – 600 017.
PAN : AAGPP5353K ... Appellant
Vs.
The Assistant Commissioner of Income Tax
Business Circle II
Chennai-600 034. ... Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act,
1961 against the order of the Income Tax Appellate Tribunal, “D” Bench
Chennai, dated 01.08.2016 passed in I.T.A.No.1077/Mds/2014 for the
Assessment Year 2004-05.
For Appellant : Mr. S.Sridhar
For Respondent : Mr. T.Ravikumar
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Tax Case Appeal No. 537 of 2017
JUDGMENT
(Judgment was delivered by R. MAHADEVAN, J.)
This Tax Case Appeal has been filed by the Assessee, challenging the
order dated 01.08.2016 passed by the Income Tax Appellate Tribunal, 'D'
Bench, Chennai ('the Tribunal', for brevity) relating to Assessment Year
2004-05, by raising the following substantial questions of law:-
“1.Whether the Appellate Tribunal is correct in law to
sustain the addition partly on the presumption of sales
suppression establishing perversity in their findings
consequent to the misconstruction of the details scrutinized by
the Respondent while overlooking the trade practice?
2.Whether the Appellate Tribunal is correct in law in
not considering the grounds raised challenging the validity of
the re-assessment based on the survey results despite the fact
of the survey results related to the Assessment year 2008-09?
3.Whether the Appellate Tribunal is correct in
sustaining the addition made by extrapolating the survey
results to the earlier Assessment year which happened to be
the Assessment Year under consideration even though there
were no reasons for presumption of such practice of
suppression of sales and not backed by any materials
unearthed in the survey?”
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Tax Case Appeal No. 537 of 2017
2.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 27.10.2021, by the
Income Tax Department. The learned counsel has also filed a memo to that
effect.
3.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.
4.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 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.
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Tax Case Appeal No. 537 of 2017
In view of such development, it is unnecessary for this court to decide the
substantial questions of law arisen in this tax case appeal.
5.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.
[R.M.D,J.] [M.S.Q, J.]
12.11.2021
Internet : Yes
Index : Yes / No
Maya
To
1.The Income Tax Appellate Tribunal, Chennai “D” Bench
2.The Assistant Commissioner of Income Tax
Business Circle II, Chennai-600 034.
3.The Commissioner of Income Tax, Appeals (Central)-I
Chennai.
R. MAHADEVAN, J.
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Tax Case Appeal No. 537 of 2017
and
MOHAMMED SHAFFIQ, J.
Maya
T.C.A.No. 537 of 2017
Dated : 12.11.2021
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