CARESS BEAUTY CARE PRODUCTS vs. THE DEPUTY COMMISSIONER OF I

TCA.Nos.13 to 15 of 2021 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 Nos.13 to 15 of 2021 Caress Beauty Care Products Pvt. Ltd., No.3, 4th Floor, Gokul Arcade, No.2, Sardarpatel Road, Adyar, Chennai - 600 020. PAN: AABCC2016N ...Appellant in all TCAs Vs The Deputy Commissioner of Income Tax, Company Circle 1(2), Chennai - 600 034. ...Respondent in all TCAs COMMON PRAYER: Appeals under Section 260A of the Income Tax Act, 1961 against the orders dated 03.03.2017 made in ITA.No.2226/Mds./2015 for the assessment year 2008-09, ITA.No.2224/Mds./2015 for the assessment year 2006-07 and ITA.No.2223/Mds./2015 for the assessment year 2007-098 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench. (in all TCAs) For Appellant: Mr.R.Sivaraman For Respondent: Mr.T.Ravikumar Senior Standing Counsel 1/8 https://www.mhc.tn.gov.in/judis/ TCA.Nos.13 to 15 of 2021 COMMON JUDGMENT (Delivered by

T.S.Sivagnanam,J

) These appeals have been filed by the assessee under Section 260A of the Income Tax Act, 1961 ('the Act' for brevity) challenging the orders dated 03.03.2017 made in ITA.No.2226/Mds./2015 for the assessment year 2008- 09, ITA.No.2224/Mds./2015 for the assessment year 2006-07 and ITA.No.2223/Mds./2015 for the assessment year 2007-08 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench ('the Tribunal' for brevity). 2. T.C.A.No.13 of 2021 has been filed by raising the following substantial questions of law for consideration: “1. Whether on the facts and the circumstances of the case, the Appellate Tribunal was right in law in holding whether the assessee is entitled for claim of deduction u/s 80 IB for 10 consecutive years from the initial assessment year even though the Appellant has lost the status of SSI undertaking during the course of 10 consecutive years? 2. Whether on the facts and the circumstances of the case, the Appellate Tribunal 2/8 https://www.mhc.tn.gov.in/judis/ TCA.Nos.13 to 15 of 2021 also erred in law in remitting the matter to the Assessing Officer on the issue of section 14A even though the Tribunal had made a finding that Section 14A is not applicable for the Assessment Year 2007-08 and 2008-09? 3. Whether on the facts and the circumstances of the case, the Appellate Tribunal was right in law in remitting the issue with regard to section 14A read with Rule 8B even though the said provision is not applicable for the assessment year 2008-09?" 3. T.C.A.No.14 of 2021 has been filed by raising the following substantial question of law for consideration: “1.Whether on the facts and the circumstances of the case, the Appellate Tribunal was right in law in holding whether the assessee is entitled for claim of deduction u/s 80 IB for 10 consecutive years from the initial assessment year even though the Appellant has lost the status of SSI undertaking during the course of 10 consecutive years? 3/8 https://www.mhc.tn.gov.in/judis/ TCA.Nos.13 to 15 of 2021 4. T.C.A.No.15 of 2021 has been filed by raising the following substantial questions of law for consideration: “1. Whether on the facts and the circumstances of the case, the Appellate Tribunal was right in law in holding whether the assessee is entitled for claim of deduction u/s 80 IB for 10 consecutive years from the initial assessment year even though the Appellant has lost the status of SSI undertaking during the course of 10 consecutive years? 2. Whether on the facts and the circumstances of the case, the Appellate Tribunal also erred in law in remitting the matter to the Assessing Officer on the issue of section 14A even though the Tribunal had made a finding that Section 14A is not applicable for the Assessment Year 2007-08 and 2008-09? 3. Whether on the facts and the circumstances of the case, the Appellate Tribunal was right in law in remitting the issue with regard to section 14A read with Rule 8B even though the said provision is not applicable for the assessment year 2007-08?" 4/8 https://www.mhc.tn.gov.in/judis/ TCA.Nos.13 to 15 of 2021 5. We have heard Mr.R.Sivaraman, learned counsel appearing for the appellant and Mr.T.Ravikumar, learned Senior Standing Counsel appearing on behalf of the respondent-Revenue. 6. 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 29.11.2020 and is awaiting orders to be passed in Form No.3. 7. 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 these appeals 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 appeals and on such request made by the assessee by filing a miscellaneous petition for restoration, the Registry shall place such 5/8 https://www.mhc.tn.gov.in/judis/ TCA.Nos.13 to 15 of 2021 petition before the appropriate Division Bench for orders. 8. The tax case appeals stand 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 6/8 https://www.mhc.tn.gov.in/judis/ TCA.Nos.13 to 15 of 2021 To 1. The Income Tax Appellate Tribunal, Chennai 'A' Bench. 2. The Deputy Commissioner of Income Tax, Company Circle 1(2), Chennai - 600 034. 7/8 https://www.mhc.tn.gov.in/judis/ TCA.Nos.13 to 15 of 2021 T.S.SIVAGNANAM,J AND R.N.MANJULA,J hvk TCA.Nos.13 to 15 of 2021 05.01.2021 8/8 https://www.mhc.tn.gov.in/judis/