Madras High Court
The Principal Commissioner Of ... vs Shri Rajiv Parthasarathy on 27 April, 2022
Tax Case Appeal Nos.128 & 129 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :27.04.2022
CORAM :
THE HON'BLE MR. JUSTICE R. MAHADEVAN
AND
THE HON'BLE MR. JUSTICE J. SATHYA NARAYANA PRASAD
Tax Case Appeal Nos.128 & 129 of 2022 &
CMP.No.7873 of 2022
The Principal Commissioner of Income Tax-4,
Corporate Circle-4(1),
Nayakar Bhawan,
Chennai 600 034. ... Appellant in both appeals
Vs.
Shri Rajiv Parthasarathy,
Old No.24, New No.33,
Karpagamal Nagar,
Mylapore,
Chennai 600 004.
... Respondent in TCA.No.128/2022
Shri Arjun Parthasarathy,
Old No.24, New No.33,
Karpagamal Nagar,
Mylapore,
Chennai 600 004.
.. Respondent in TCA.No.129/2022
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Tax Case Appeal Nos.128 & 129 of 2022
Tax Case Appeals filed under Section 260A of the Income Tax Act,
1961 against the order of the Income Tax Appellate Tribunal, Chennai "A"
Bench,Chennai, passed in I.T.A.Nos.2934/CHNY/2016 and 1587/ CHNY/
2017, dated 26.04.2019 .
For Appellant in both appeals: Mr. Karthik Ranganathan
COMMON JUDGMENT
(Judgment of this Court was delivered by R. MAHADEVAN,J.)
These Tax Case Appeals have been filed by the appellant / Revenue
challenging the common order dated 26.04.2019 passed by the Income Tax
Appellate Tribunal, “A” Bench, Chennai ('the Tribunal', for brevity) in
I.T.A.Nos.2934/CHNY/2016 and 1587/ CHNY/ 2017 for the assessment
year 2009-10, by raising the following substantial questions of law :
"1.Whether on the facts and in the circumstances of the
case and in law, the decision of the Hon'ble Income Tax
Appellate Tribunal is perverse in holding that the capital asset
(vacant land) sold by the assessee was agricultural land
defined under section 2(14)(iii) of the I.T.Act.?
2. Whether on the facts and in the circumstances of the
case and in law, the Hon'ble Income Tax Appellate Tribunal is
right in holding that the transfer of Capital Asset will not
attract the provisions of section 45(1)?
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Tax Case Appeal Nos.128 & 129 of 2022
3. Whether on the facts and in the circumstances of the
case, the ITAT is right in not following the rationale of the
decision of the Jurisdictional High Court in the case of PCIT-6
Vs. Shri.A.Lalichan in TCA No.504 of 2018 dated 11.10.2018?
4. Whether on the facts and in the circumstances o the
case and in law, the Hon'ble Income Tax Appellate Tribunal is
right in confirming the income declared by the assessee as
agricultural income without considering the criteria laid down
by virtue of section 2(1A)?”
2.When the matters were taken up for consideration, the learned
counsel appearing for the appellant / Revenue submitted that during the
pendency of these tax case appeals, the respondents/assessees have filed the
requisite Forms 1 and 2 under Section 4 of the Direct Tax Vivad Se Vishwas
Act, 2020, which were accepted and Form 5 was issued to the respective
assessees/respondents on 20.10.2021 and 25.10.2021 by the Income Tax
Department.
3.This court heard the submissions made by the learned Standing
counsel appearing for the appellant, as per which, the assessees have already
availed the benefit conferred under the beneficial legislation viz., the Direct
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Tax Case Appeal Nos.128 & 129 of 2022
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
accepted and Form 5 was also issued to the respective assessees 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.
4.Therefore, recording the submissions so made by the learned
Standing Counsel appearing for the appellant, 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 assessees at
the earliest. No costs. Consequently, the connected miscellaneous petition is
closed.
(R.M.D.,J.) (J.S.N.P,J.)
27.04.2022
msr
Internet : Yes
Index : Yes / No
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Tax Case Appeal Nos.128 & 129 of 2022
To
1. The Income Tax Appellate Tribunal,
Chennai "A" Bench,Chennai.
2. The Principal Commissioner of Income Tax-4,
Corporate Circle-4(1),
Nayakar Bhawan,
Chennai 600 034.
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Tax Case Appeal Nos.128 & 129 of 2022
R. MAHADEVAN, J
&
J. SATHYA NARAYANA PRASAD, J.
msr
Tax Case Appeal Nos.128 & 129 of 2022
27.04.2022
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