COMMISSIONER OF INCOME TAX vs. NAINMALJAIN ANITHA

TCA.No.19 of 2020 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.03.2021 CORAM : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Ms.Justice R.N.MANJULA Tax Case Appeal No.19 of 2020 Commissioner of Income Tax, Non Corporate Ward 10(1), Chennai. ...Appellant Vs Smt.Nainmaljain Anitha ...Respondent PRAYER: Appeal under Section 260A of the Income Tax Act, 1961 against the order dated 18.06.2019 made in ITA.No.384/Chny/2019 for the assessment year 2015-16 on the file of the Income Tax Appellate Tribunal, 'C' Bench, Chennai. For Appellant: Ms.V.Pushpa, JSC For Respondent: Mr.Anand JUDGMENT (Delivered by

T.S.Sivagnanam,J

) This appeal has been filed by the Revenue under Section 260A of the Income Tax Act, 1961 ('the Act' for brevity) challenging the order dated 1/4 https://www.mhc.tn.gov.in/judis/ TCA.No.19 of 2020 18.06.2019 made in ITA.No.384/Chny/2019 for the assessment year 2015- 16 on the file of the Income Tax Appellate Tribunal, 'C' Bench, Chennai ('the Tribunal' for brevity). 2. The appeal was admitted on 23.01.2020 on the following substantial question of law: "Whether on the facts and circumstances of the case, the Income Tax Appellate Tribunal is justified in deleting the addition made u/s 68 to the tune of Rs.36,97,245/- being the sale consideration on sale of shares of penny script of Sulabh Engineers and Services Ltd.?" 3. We have heard Ms.V.Pushpa, learned Junior Standing Counsel appearing for the appellant-Revenue and Mr.Anand, learned counsel for the respondent-assessee. 4. The learned counsel for the assessee submits that the assessee already filed the declaration/undertaking under the Vivad Se Vishwas Scheme and orders were passed in Form No.3. 2/4 https://www.mhc.tn.gov.in/judis/ TCA.No.19 of 2020 5. In the light of the subsequent event, the assessee is given liberty to restore this appeal in the event the ultimate decision 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. 6. The tax case appeal stands disposed of with the aforementioned liberty. Consequently, the substantial question of law framed is left open. No costs. (T.S.S.,J.) (R.N.M.,J.) 23.03.2021 Index:Yes/No Internet:Yes/No hvk 3/4 https://www.mhc.tn.gov.in/judis/ TCA.No.19 of 2020 T.S.SIVAGNANAM,J AND R.N.MANJULA,J hvk To 1. The Income Tax Appellate Tribunal, 'C' Bench, Chennai. 2. The Commissioner of Income Tax, Non Corporate Ward 10(1), Chennai. TCA.No.19 of 2020 23.03.2021 4/4 https://www.mhc.tn.gov.in/judis/