M/S.SHRI RAGHAVENDRA BUILDERS vs. PRINCIPAL COMMISSIONER OF IN

TCA.No.127 of 2020 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.01.2021 CORAM : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Ms.Justice R.N.MANJULA Tax Case Appeal No.127 of 2020 M/s.Shri Raghavendra Builders, New No.9, Old No.5, Nethaji Nagar, New Perungalathur, Chennai - 600 053. ...Appellant Vs Principal Commissioner of Income Tax, 121, Mahatma Gandhi Salai, Nungambakkam, Chennai - 600 034. ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 07.11.2018 made in ITA.No.2199/Mds/2017 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench for the assessment year 2009-10. For Appellant: Mr.N.V.Balaji For Respondent: Mr.R.Karthik Ranganathan Senior Standing Counsel 1/4 https://www.mhc.tn.gov.in/judis/ TCA.No.127 of 2020 JUDGMENT (Delivered by

T.S.Sivagnanam,J

) 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 07.11.2018 made in ITA.No.2199/Mds/2017 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench ('the Tribunal' for brevity) for the assessment year 2009-10. 2. The assessee has raised the following substantial questions of law for consideration: “i. Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in upholding the validity of reopening of the assessment made by the assessing officer? ii. Whether under the facts and circumstances of the case and in law, the Tribunal was right in upholding the additions made by the assessing officer under section 40A(3) of the Act?” 3. We have heard Mr.N.V.Balaji, learned counsel appearing for the appellant/assessee and Mr.Karthik Ranganathan, learned Senior Standing 2/4 https://www.mhc.tn.gov.in/judis/ TCA.No.127 of 2020 Counsel appearing for the respondent/Revenue. 4. The learned counsel for the appellant/assessee submits that the appellant/assessee has already filed the declaration/undertaking under the Vivad Se Vishwas Scheme on 24.03.2020 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. 3/4 https://www.mhc.tn.gov.in/judis/ TCA.No.127 of 2020 T.S.SIVAGNANAM,J AND R.N.MANJULA,J hvk 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. (T.S.S.,J.) (R.N.M.,J.) 05.01.2021 Index: Yes/No Internet:Yes/No Speaking Judgment/Non speaking Judgment hvk To 1. The Income Tax Appellate Tribunal, Chennai 'A' Bench. 2. Principal Commissioner of Income Tax, 121, Mahatma Gandhi Salai, Nungambakkam, Chennai - 600 034. TCA.No.127 of 2020 4/4 https://www.mhc.tn.gov.in/judis/