The Principal Commissioner o vs. SHRI RAJIV PARTHASARATHY

Tax Case Appeal Nos.128 & 129 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :27.04.2022 CORAM : THE HON'BLE MR. JUSTICE R. MAHADEVAN AND THE HON'BLE MR. JUSTICE J. SATHYA NARAYANA PRASAD Tax Case Appeal Nos.128 & 129 of 2022 & CMP.No.7873 of 2022 The Principal Commissioner of Income Tax-4, Corporate Circle-4(1), Nayakar Bhawan, Chennai 600 034. ... Appellant in both appeals Vs. Shri Rajiv Parthasarathy, Old No.24, New No.33, Karpagamal Nagar, Mylapore, Chennai 600 004. ... Respondent in TCA.No.128/2022 Shri Arjun Parthasarathy, Old No.24, New No.33, Karpagamal Nagar, Mylapore, Chennai 600 004. .. Respondent in TCA.No.129/2022 Page 1/6 https://www.mhc.tn.gov.in/judis Tax Case Appeal Nos.128 & 129 of 2022 Tax Case Appeals filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Chennai "A" Bench,Chennai, passed in I.T.A.Nos.2934/CHNY/2016 and 1587/ CHNY/ 2017, dated 26.04.2019 . For Appellant in both appeals: Mr. Karthik Ranganathan C O M M O N

J U D G M E N T

(Judgment of this Court was delivered by R. MAHADEVAN,J.) These Tax Case Appeals have been filed by the appellant / Revenue challenging the common order dated 26.04.2019 passed by the Income Tax Appellate Tribunal, “A” Bench, Chennai ('the Tribunal', for brevity) in I.T.A.Nos.2934/CHNY/2016 and 1587/ CHNY/ 2017 for the assessment year 2009-10, by raising the following substantial questions of law : "1.Whether on the facts and in the circumstances of the case and in law, the decision of the Hon'ble Income Tax Appellate Tribunal is perverse in holding that the capital asset (vacant land) sold by the assessee was agricultural land defined under section 2(14)(iii) of the I.T.Act.? 2. Whether on the facts and in the circumstances of the case and in law, the Hon'ble Income Tax Appellate Tribunal is right in holding that the transfer of Capital Asset will not attract the provisions of section 45(1)? Page 2/6 https://www.mhc.tn.gov.in/judis Tax Case Appeal Nos.128 & 129 of 2022 3. Whether on the facts and in the circumstances of the case, the ITAT is right in not following the rationale of the decision of the Jurisdictional High Court in the case of PCIT-6 Vs. Shri.A.Lalichan in TCA No.504 of 2018 dated 11.10.2018? 4. Whether on the facts and in the circumstances o the case and in law, the Hon'ble Income Tax Appellate Tribunal is right in confirming the income declared by the assessee as agricultural income without considering the criteria laid down by virtue of section 2(1A)?” 2.When the matters were taken up for consideration, the learned counsel appearing for the appellant / Revenue submitted that during the pendency of these tax case appeals, the respondents/assessees have filed the requisite Forms 1 and 2 under Section 4 of the Direct Tax Vivad Se Vishwas Act, 2020, which were accepted and Form 5 was issued to the respective assessees/respondents on 20.10.2021 and 25.10.2021 by the Income Tax Department. 3.This court heard the submissions made by the learned Standing counsel appearing for the appellant, as per which, the assessees have already availed the benefit conferred under the beneficial legislation viz., the Direct Page 3/6 https://www.mhc.tn.gov.in/judis Tax Case Appeal Nos.128 & 129 of 2022 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 them were accepted and Form 5 was also issued to the respective assessees 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.

4.Therefore, recording the submissions so made by the learned Standing Counsel appearing for the appellant, these appeals stand disposed of, directing the department to process the applications at the earliest in accordance with the Act and communicate the decision to the assessees at the earliest. No costs. Consequently, the connected miscellaneous petition is closed. (R.M.D.,J.) (J.S.N.P,J.) 27.04.2022

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Index : Yes / No Page 4/6 https://www.mhc.tn.gov.in/judis Tax Case Appeal Nos.128 & 129 of 2022 To 1. The Income Tax Appellate Tribunal, Chennai "A" Bench,Chennai. 2. The Principal Commissioner of Income Tax-4, Corporate Circle-4(1), Nayakar Bhawan, Chennai 600 034. Page 5/6 https://www.mhc.tn.gov.in/judis Tax Case Appeal Nos.128 & 129 of 2022 R. MAHADEVAN, J & J. SATHYA NARAYANA PRASAD, J. msr Tax Case Appeal Nos.128 & 129 of 2022

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