COMMISSIONER OF INCOME TAX vs. M/S. TAMIL NADU WAREHOUSING

Tax Case Appeal No.227 of 2016 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.02.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMY AND THE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal No.227 of 2016 Commissioner of Income Tax, Corporate Circle 3(1), Chennai. ... Appellant Vs.

M/s.Tamil Nadu Warehousing Corporation Limited 82, Anna Salai, Guindy, Chennai – 600 034.

... Respondent

Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Chennai "B" Bench, dated 23.09.2015 passed in I.T.A.No.1366/Mds/2015. For Appellant : Mr.M.Swaminathan Senior Standing Counsel For Respondent : Ms.S.Kavitha for M/s.Sushma Harini Page 1/5 https://www.mhc.tn.gov.in/judis/ Tax Case Appeal No.227 of 2016 J U D G M E N T (Delivered by M.DURAISWAMY, J.) This appeal filed by the Revenue under Section 260A of the Income Tax Act, 1961 ('the Act' for brevity), is directed against the order dated 23.09.2015 passed by the Income Tax Appellate Tribunal, Chennai "B" Bench, ('the Tribunal' for brevity) in I.T.A.No.1366/Mds/2015 for the assessment year 2010-2011. The above appeal has been admitted on 28.03.2016 on the following Substantial Question of Law: "Whether on the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the provision for leave encashment is an allowable expenditure ignoring the provisions of Section 43B(f)?" 2. We have heard Mr.M.Swaminathan, learned Senior Standing Counsel for the appellant/Revenue and Ms.S.Kavitha for M/s.Sushma Harini, learned counsel for the respondent/assessee. 3. It may not be necessary for this Court to decide the Substantial Questions of Law framed for consideration on account of certain subsequent developments. The Government of India enacted the Direct Page 2/5 https://www.mhc.tn.gov.in/judis/ Tax Case Appeal No.227 of 2016 Tax Vivad Se Vishwas Act, 2020 (Act 3 of 2020) to provide for resolution of disputed tax and for matters connected therewith or incidental thereto. The Act of the Parliament received the assent of the President on 17th March 2020 and published in the Gazette of India on 17th March 2020. 4.Learned counsel for the respondent/assessee submitted that the assessee had availed the Vivad Se Vishwas Scheme and that the respondent/assessee had already been issued with Form–3 on 02.02.2021.

5.Since the respondent/assessee had been issued with Form-3, nothing survives for adjudication in the above appeal. Recording the submission made by the learned counsel for the respondent/assessee, the Tax Case Appeal stands disposed of. No costs. [M.D., J.] [T.V.T.S., J.] Index : Yes/No 24.02.2021 Internet : Yes

mkn Page 3/5 https://www.mhc.tn.gov.in/judis/ Tax Case Appeal No.227 of 2016 To 1. Income Tax Appellate Tribunal, Chennai "B" Bench 2.The Commissioner of Income Tax, Corporate Circle 3(1), Chennai. Page 4/5 https://www.mhc.tn.gov.in/judis/ Tax Case Appeal No.227 of 2016 M. DURAISWAMY, J. and T.V. THAMILSELVI, J. mkn Tax Case Appeal No.227 of 2016

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