Madras High Court
M/S. Kuber Jewellery vs The Income Tax Officer on 7 February, 2022
T.C.A Nos.609 of 2010
and T.C.A.No.767 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2022
CORAM :
THE HON'BLE MR. JUSTICE R. MAHADEVAN
AND
THE HON'BLE MR. JUSTICE J. SATHYA NARAYANA PRASAD
Tax Case Appeal No.609 of 2010
and Tax Case Appeal No.767 of 2009
and M.P.No.1 of 2009
and M.P.No.1 of 2010
M/s. Kuber Jewellery
No.52, NSC Bose Road
Chennai 600 079 ... Appellant in both T.C.As
Vs.
The Income Tax Officer
Ward XI (1)
2nd Floor, Kannammai Building
611, Anna Salai
Chennai 600 006 ... Respondent in both T.C.As
Tax Case Appeals filed under Section 260A of the Income Tax Act,
1961 against the order of the Income Tax Appellate Tribunal, Chennai Bench
'B' dated 27.02.2009 and 13.02.2009 passed in I.T.A.No.431/Mds/2007 and
I.T.A.No.430/Mds/2007.
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T.C.A Nos.609 of 2010
and T.C.A.No.767 of 2009
For Appellant : Mr.N.Muthukumar
For Respondent : Mr.T.Ravikumar
Senior Standing Counsel
COMMON JUDGMENT
(Judgment was delivered by R. MAHADEVAN, J.)
These Tax Case Appeals have been filed by the appellant / Assessee
challenging the order of the Income Tax Appellate Tribunal, Chennai Bench
'B' dated 27.02.2009 and 13.02.2009 passed in I.T.A.No.431/Mds/2007 and
I.T.A.No.430/Mds/2007 for the Assessment Years 2000-2001 and 1999 –
2000.
2.The appeal in T.C.A.No.609 of 2010 was admitted on 16.08.2010
on the following substantial questions of law :
“1. Whether on the facts and in the circumstances of
the case, the Tribunal is right in law in holding that the
reopening of the assessment is valid in law?
2. Whether on the facts and in the circumstances of the
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T.C.A Nos.609 of 2010
and T.C.A.No.767 of 2009
case, the Tribunal is right in holding that the cash credits of
Rs.5 lakhs, interest of Rs.6,92,527/- and travel expense of
Rs.74,091/- represents the undisclosed income of the
appellant?
3.The appeal in T.C.A.No.767 of 2009 was admitted on
07.09.2009 on the following substantial questions of law :
“1. Whether on the facts and in the circumstances of the
case, the Tribunal is right in holding that the reopening of the
assessment is valid in law?
2. Whether on the facts and in the circumstances of the
case, the Tribunal is right in holding that the cash credits to
the extent of Rs.37,50,000/- represents the undisclosed
income of the appellant?
3. Whether on the facts and in the circumstances of the
case, the Tribunal is right in making general observations
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T.C.A Nos.609 of 2010
and T.C.A.No.767 of 2009
with regard to the various credits aggregating Rs.37,50,000/-
even without considering each of the credits independently,
notwithstanding that each credit is a separate item and the
provisions of Section 69 will have to be applied with
reference to each credit independently and not collectively?”
4.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 availed the benefit
conferred under the Direct Tax Vivad Se Vishwas Act, 2020 and filed
necessary declarations, which were accepted and Form 5 / order for full and
final settlement of tax arrears, was also issued by the Income tax department,
on 23.04.2021. The learned counsel has also filed Form 5 dated 23.04.2021
to that effect.
5.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.
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T.C.A Nos.609 of 2010
and T.C.A.No.767 of 2009
6.In view of the subsequent development, this court is of the opinion
that nothing survives for adjudication in these appeals. Recording the
submission so made by the learned counsel on either side, the Tax Case
Appeals stand disposed of. Consequently, the connected miscellaneous
petitions are closed. No costs.
[R.M.D,J.] [J.S.N.P, J.]
07.02.2021
kas
Internet : Yes
Index : Yes / No
To
1.The Income Tax Appellate Tribunal, Madras “B” Bench
2.The Income Tax Officer
Ward XI (1)
2nd Floor, Kannammai Building
611, Anna Salai, Chennai 600 006
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T.C.A Nos.609 of 2010
and T.C.A.No.767 of 2009
R. MAHADEVAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
kas
Tax Case Appeal No.609 of 2010
and Tax Case Appeal No.767 of 2009
07.02.2022
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