Vvr Venkatachalam vs The Assistant Commissioner Of ...
2022 Latest Caselaw 9911 Mad

                                                                               Tax Case Appeal No.453 of 2017




                                  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

                                            Tax Case Appeal No.453 of 2017

                VVR Venkatachalam                                                        ... Appellant

                                                           -Vs-

                The Assistant Commissioner of Income Tax,
                Business Circle-XIV,
                Chennai - 600 034.                                                   ... Respondent



                          Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961
                against the order dated 15.09.2016 passed by the Income Tax Appellate
                Tribunal 'C' Bench, Chennai in I.T.(SS)A.No.1/MDS/2016.



                                  For Appellant      :     Mr.S.Sridhar

                                  For Respondent     :     Mr. Karthik Ranganathan
                                                           Standing Counsel




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                                                                                  Tax Case Appeal No.453 of 2017




                                                  JUDGMENT

(Judgment of the Court was delivered by R.MAHADEVAN, J.)

This tax case appeal has been filed by the appellant / assessee,

challenging the order dated 15.09.2016 passed by the Income Tax Appellate

Tribunal, 'C' Bench, Chennai, in I.T.(SS)A.No.1/MDS/2016, relating to the

Block Period 1997-98 to 2003-04, by raising the following substantial questions

of law:-

(i) Whether the Appellate Tribunal is correct in law for reaching their conclusion to sustain the addition of Rs.15,60,000/-representing the cash found and seized from the locker of the appellant in the computation of the undisclosed income for the block period under consideration on account of the non availability of seal/sticker of the banks in the said cash bundles while overlooking the availability of cash balance in the books of accounts?

(ii) Whether the Appellate Tribunal is correct in law for reaching their conclusion in para 4 of the impugned order despite their direction contained in their order dated 17.04.2008 which directions were completely brushed aside proving the perversity in the orders passed while implementing the said order rendered by them in the first round?

https://www.mhc.tn.gov.in/judis

Tax Case Appeal No.453 of 2017

2. When the matter was taken up for hearing, the learned counsel for the

appellant filed a memo dated 30.10.2021, wherein, it is stated that during the

pendency of this tax case appeal, 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 also issued to the assessee on 19.04.2021 by the

Income Tax Department. Stating so, the learned counsel submitted that there is

nothing surviving for further adjudication and hence, sought permission of this

court to withdraw this appeal.

3. Recording the above submissions and the memo filed by the learned

counsel for the appellant / assessee, this writ appeal is dismissed as withdrawn.

No costs.

                                                                       [R.M.D,J.]              [M.S.Q,
                J.]
                                                                             13.06.2022

                Internet : Yes
                Index : Yes / No
                psa/av

https://www.mhc.tn.gov.in/judis

Tax Case Appeal No.453 of 2017

R. MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

psa/av

To

1. The Income Tax Appellate Tribunal, 'C' Bench, Chennai

2. The Assistant Commissioner of Income Tax, Business Circle-XIV, Chennai - 600 034.

3. The Commissioner of Income Tax (Appeals) - 10, Chennai.

Tax Case Appeal No.453 of 2017

13.06.2022 https://www.mhc.tn.gov.in/judis