M/S ANNAI ARUL vs. THE INCOME TAX OFFICER

TCA.No.170 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.03.2021 CORAM : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Ms.Justice R.N.MANJULA Tax Case Appeal No.170 of 2021 Annai Arul ...Appellant Vs The Income Tax Officer, Non Corporate Ward - 22(1), Chennai - 45. ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 31.01.2018 made in ITA.No.1608/Mds/2017 on the file of the Income Tax Appellate Tribunal, 'A' Bench, Chennai for the assessment year 2012-13. For Appellant: Mr.A.S.Sriraman 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 1/6 https://www.mhc.tn.gov.in/judis/ TCA.No.170 of 2021 31.01.2018 made in ITA.No.1608/Mds/2017 on the file of the Income Tax Appellate Tribunal, 'A' Bench, Chennai ('the Tribunal' for brevity) for the assessment year 2012-13. 2. The appellant-assessee has raised the following substantial questions of law for consideration: "1. Whether the notice issued under Section 271(1)(c) of the Act dated 25.03.2015 in the printed form without specifically mentioning whether the proceedings are initiated on the ground of concealment of income or on account of furnishing of inaccurate particulars is valid and legal? 2. Whether the proceedings initiated by the Respondent/the Assessing Officer was legal and valid? 3. Whether the Appellate Tribunal is correct in ignoring the reconciliation of the collections and fully explained in the penalty proceedings as well as before them despite the legal position of understanding the penalty proceedings as independent/parallel to the assessment proceedings? 4. Whether the Appellate Tribunal is correct in ignoring the law laid down by the Apex Court on the validity of the survey statement recorded u/s 133A of 2/6 https://www.mhc.tn.gov.in/judis/ TCA.No.170 of 2021 the Act on the consideration of the correctness of levy of penalty u/s 271(1)(c) of the Act for the assessment year 2012-13? and 5. Whether the Appellate Tribunal is correct in recording perverse factual findings and confirming the levy of penalty u/s 271(1)(c) of the Act for the assessment year 2012-13?" 3. We have heard Mr.A.S.Sriraman, learned counsel appearing for the appellant/assessee. 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 22.02.2021 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 3/6 https://www.mhc.tn.gov.in/judis/ TCA.No.170 of 2021 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. (T.S.S.,J.) (R.N.M.,J.) 01.03.2021 Index:Yes/No Internet:Yes/No hvk 4/6 https://www.mhc.tn.gov.in/judis/ TCA.No.170 of 2021 To 1. The Income Tax Appellate Tribunal, Madras 'A' Bench, Chennai. 2. The Income Tax Officer, Non Corporate Ward - 22(1), Chennai - 45. 5/6 https://www.mhc.tn.gov.in/judis/ TCA.No.170 of 2021 T.S.SIVAGNANAM,J AND R.N.MANJULA,J hvk TCA.No.170 of 2021 01.03.2021 6/6 https://www.mhc.tn.gov.in/judis/