Madras High Court
M/S Icici Bank Ltd vs The Joint Commissioner Of Income ... on 13 June, 2022
T.C.A.Nos.276 and 277 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2022
CORAM :
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
T.C.A.Nos.276 and 277 of 2009
M/s ICICI Bank Ltd.,
Accounting & Taxation Group,
192, Anna Salai,
Chennai - 600 002.
Now at
4th Floor, West Wing,
93, Sathome High Road,
Chennai - 600 028. ... Appellant in both TCAs
Versus
The Joint Commissioner of Income Tax,
Special Range - III, Chennai.
... Respondent in both TCAs
Appeals preferred under Section 260A of the Income Tax Act, 1961,
against the common order of the Income Tax Appellate Tribunal,
“A” Bench, Chennai, dated 22.06.2007 in I.T.A.Nos.817 and 818/Mds/2003.
For Appellant : Mr.R.Venkatanarayan
for M/s.Subbaraya Aiyar in both TCAs
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T.C.A.Nos.276 and 277 of 2009
For Respondent : Mr.T.Ravi Kumar
and Mrs.R.Hemalatha
Standing Counsel in both TCAs
COMMON JUDGMENT
(Judgment of the Court was delivered by R.MAHADEVAN, J.)
These tax case appeals have been filed by the appellant / assessee,
challenging the common order dated 22.06.2007 passed by the Income Tax
Appellate Tribunal, Chennai, 'A' Bench, in I.TA.Nos. 817 and
818/Mds/2003, relating to the assessment years 1996-97 and 1995-96
respectively.
2.By order dated 22.06.2009, this court admitted the aforesaid tax case
appeals on the following substantial questions of law:
“(i) Whether on the facts and in the circumstances of the
case the Tribunal was right in holding that the assessment
order passed under section 143(3) r.w.s.251 as per the
direction of the Commissioner of Income Tax (Appeals) on
specific issue relating to lease transactions was erroneous and
prejudicial to the interest of revenue in respect of other items
other than the lease transactions?
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T.C.A.Nos.276 and 277 of 2009
(ii) Whether the Tribunal failed to appreciate that the
CIT (Appeals) has given specific direction for reconsidering
only lease transactions and hence C.I.T, has no jurisdiction
under section 263 to revise the order in respect of issues not
directed by CIT (Appeals)? "
3.When these 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 of the Direct Tax Vivad Se Vishwas Act, 2020,
which were accepted and Form 3 was issued to the assessee on 19.01.2021
and 20.01.2021 by the Income Tax Department. The learned counsel has
also filed Form 3 dated 19.01.2021and 20.01.2021 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.
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T.C.A.Nos.276 and 277 of 2009
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 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 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 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.)
13.06.2022
Internet : Yes
Index : Yes / No
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T.C.A.Nos.276 and 277 of 2009
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
av
To
1. The Income Tax Appellate Tribunal,
Chennai, “A” Bench.
2. The Joint Commissioner of Income Tax,
Special Range - III, Chennai.
T.C.A.Nos.276 and 277 of 2009
13.06.2022
(2/2)
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