S.Z. MUSHAHIDA PARVEEN vs. THE INCOME TAX OFFICER

TCA.No.101 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.12.2020 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal No.101 of 2019

S.Z.Mushahida Parveen ...Appellant Vs The Income Tax Officer, Business Ward VIII(2), Chennai ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 27.4.2017 passed by the Income Tax Appellate Tribunal, Madras 'A' Bench, Chennai made in I.T.A.No.1263/Mds/2016 for the assessment year 2010-11. For Appellant: Mr.R.Sivaraman For Respondent: Mr.Karthik Ranganathan, SC assisted by Mr.S.Rajesh Judgment was delivered by

T.S.SIVAGNANAM

This appeal has been filed by the assessee under Section 260A of the Income Tax Act, 1961 ('the Act' for brevity) challenging the order dated 27.4.2017 made in I.T.A.No.1263/Mds/2016 on the file of the 1/4 http://www.judis.nic.in TCA.No.101 of 2019 Income Tax Appellate Tribunal, Chennai, 'A' Bench ('the Tribunal' for brevity) for the assessment year 2010-11. 2. The appeal was admitted on 30.1.2019 on the following substantial questions of law: “i. Whether, on the facts and circumstances of the case, the Tribunal was right in law in treating the cash deposits made in the savings bank account amounting to Rs.66,47,000/-

(Rs.55,00,000/-

+ Rs.11,47,000/-) of the appellant as 'unexplained cash credits' as per Section 68 of the Act? And ii. Whether, on the facts and circumstances of the case, the Appellate Tribunal is right in law in holding that the sum of

Rs.55,00,000/-

received

sale consideration from the sale of the property and deposited in the capital gains scheme account as unexplained income under Section 68 of the Act?” 3. We have heard Mr.R.Sivaraman,, learned counsel appearing for the appellant/assessee and Mr.Karthik Ranganathan, learned Standing Counsel assisted by Mr.S.Rajesh, learned Junior Standing Counsel appearing for the respondent/Revenue. 4. The learned counsel on behalf of the appellant/assessee 2/4 http://www.judis.nic.in TCA.No.101 of 2019 submits that the appellant/assessee already filed the declaration/ undertaking under the Vivad Se Vishwas Scheme on 10.11.2020 and is awaiting orders to be passed in Form No.3. 5. In the light of the subsequent event, the Competent Authority shall process the application/declaration in accordance with the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3 of 2020) and pass appropriate orders as expeditiously as possible. The assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration filed by the assessee under Section 4 of the said Act is not in favour of the assessee. If such a prayer is made, the Registry shall entertain the prayer without insisting upon any application to be filed for condonation of delay in restoration of the appeal and on such request made by the assessee by filing a miscellaneous petition for restoration, the Registry shall place such petition before the appropriate Division Bench for orders. 6. The tax case appeal stands disposed of with the aforementioned liberty and Consequently, the substantial questions of law framed are left open. No costs. RS 15.12.2020 3/4 http://www.judis.nic.in TCA.No.101 of 2019 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS To 1.The Income Tax Appellate Tribunal, 'A' Bench, Chennai. 2.The Income Tax Officer, Business Ward VIII(2), Chennai. TCA.No.101 of 2019 15.12.2020 4/4 http://www.judis.nic.in