M/S.CRI PUMPS (P) LTD vs. THE JOINT COMMISSIONER OF

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TCA/1135/2015HC Madras14 February 2022Bench: Hon`ble Mr Justice R. MAHADEVAN4 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the assessee had availed the benefits conferred under the Direct Tax Vivad Se Vishwas Act, 2020, a beneficial legislation for the resolution of disputed tax matters. The declarations submitted by the assessee were accepted, and Form 3 was issued by the Income Tax Department. In light of this development, the Court found it unnecessary to decide the substantial question of law that arose in the tax case appeal. The appeal was disposed of based on the submissions made by both parties. The Court directed the department to process the application at the earliest in accordance with the Act and communicate the decision to the assessee promptly. No costs were awarded.

What were the facts?

The assessee, M/s. CRI Pumps (P) Ltd., filed a Tax Case Appeal before the High Court of Judicature at Madras, challenging an order dated 28.08.2015 passed by the Income Tax Appellate Tribunal, Chennai, 'B' Bench. The appeal pertains to the assessment year 2010-11 and concerns the rejection of the assessee's claim for additional depreciation. During the pendency of the appeal, the assessee filed Forms 1 and 2 under the Direct Tax Vivad Se Vishwas Act, 2020. These forms were accepted by the Income Tax Department, and Form 3 was issued to the assessee on 15.04.2021. A memo to this effect was filed before the High Court. The Revenue conceded these submissions.

What were the issues?

1. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law in rejecting the claim of the appellant for additional depreciation? (Question of law) Assessee's contention: The assessee submitted that they have availed the benefit under the Direct Tax Vivad Se Vishwas Act, 2020, by filing the requisite forms which were accepted and Form 3 was issued. Therefore, it is unnecessary for the court to decide the substantial question of law. Revenue's contention: The Revenue fairly conceded the submissions made by the assessee regarding the availing of benefits under the Direct Tax Vivad Se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Section 260A,Section 4

AI-generated summary — verify with the full judgment below

T.C.A.No.1135 of 2015 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.02.2022 CORAM : THE HONOURABLE MR. JUSTICE R. MAHADEVAN AND THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD T.C.A.No.1135 of 2015 M/s. CRI Pumps (P) Ltd., 7/46/1, Keeranatham Road, Saravanampatti, Coimbatore - 641 035. ... Appellant Versus The Joint Commissioner of Income - tax, Range IV, 63, Race Course Road, Coimbatore - 641 018. ... Respondent Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, Chennai, “B” Bench, dated 28.08.2015 in I.TA.No.578/Mds/2015. For Appellant : M/s.Surasika Parthasarathy for Mr.Koushik For Respondent : Mr.M.Swaminathan, Senior Standing Counsel M/s.K.G.Usha Rani, Junior Standing Counsel

Page 1/4 https://www.mhc.tn.gov.in/judis T.C.A.No.1135 of 2015 J U D G M E N T (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 28.08.2015 passed by the Income Tax Appellate Tribunal, 'B' Bench, Chennai, in I.T.A.No.578/Mds/2015, relating to the assessment year 2010-11. 2.By order dated 08.12.2015, this court admitted the aforesaid tax case appeal on the following substantial question of law: “Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal is right in law in rejecting the claim of the appellant for additional depreciation?" 3. When the matter was taken up for consideration, the learned counsel appearing for the appellant / assessee submitted 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 issued to the assessee on 15.04.2021 by the Income Tax Department. The learned counsel has also filed a memo to that effect. 4.The aforesaid submission made by the learned counsel for the appellant Page 2/4 https://www.mhc.tn.gov.in/judis T.C.A.No.1135 of 2015 / assessee has also been fairly conceded by the learned senior standing counsel appearing for the respondent / Revenue. 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 matter 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 question of law arisen in this tax case appeal. 6.Therefore, recording the submissions so made by the learned counsel on either side, this appeal stands disposed of, directing the department to process the application at the earliest in accordance with the Act and communicate the decision to the assessee at the earliest. No costs. (R.M.D., J.) (J.S.N.P., J.) 14.02.2022

Internet : Yes

Index : Yes / No R. MAHADEVAN, J. and Page 3/4 https://www.mhc.tn.gov.in/judis T.C.A.No.1135 of 2015 J.SATHYA NARAYANA PRASAD

, J.

av To 1. The Income Tax Appellate Tribunal, Bench 'B', Chennai. 2. The Joint Commissioner of Income - tax, Range IV, 63, Race Course Road, Coimbatore - 641 018. T.C.A.No.1135 of 2015 14.02.2022 Page 4/4 https://www.mhc.tn.gov.in/judis

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