M/S.TAMILNADU MINERALS LTD vs. The Assistant Commisioner of Income Tax

TCA/296/2024HC Madras24 June 2025Bench: Honourable The CHIEF JUSTICE3 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the assessee's request to withdraw the appeals. The Court noted that the assessee had decided to settle the matter under the Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024. Consequently, the appeals were dismissed as withdrawn. No order was made as to costs. The Tribunal's order dated 31.10.2018 was not adjudicated upon merits. The principle that can be cited is that appeals can be withdrawn if the assessee opts for a settlement scheme like Vivad Se Vishwas, leading to dismissal of the appeals without prejudice to the settlement.

What were the facts?

The appeals were filed by Tamilnadu Minerals Ltd (the assessee) against the order of the Income Tax Appellate Tribunal, Chennai, dated 31.10.2018, pertaining to the Assessment Year 2007-08. The appeals were filed under Section 260A of the Income Tax Act, 1961. The respondent was the Assistant Commissioner of Income Tax, Company Circle 3(1), Chennai. The assessee sought to withdraw the appeals. The reason for withdrawal was the assessee's decision to settle the matter under the Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024.

What were the issues?

1. Whether the appeals filed by the assessee should be dismissed as withdrawn, given the assessee's decision to settle the matter under the Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024. (Question of procedure) Assessee's Contention: The assessee, through its counsel, sought leave to withdraw the appeals. The assessee had decided to settle the matter under the Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024. Revenue's Contention: No specific contention was recorded for the revenue as the assessee sought to withdraw the appeals.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” Bench, Chennai,

TCA Nos.296 and 297 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-06-2025 CORAM THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN TCA Nos. 296 & 297 of 2024 Tamilnadu Minerals Ltd TWAD House, No.31, Kamarajar Salai, Chepauk, Chennai-600 005. [PAN AABCT 2250P]

Appellant in both appeals Vs The Assistant Commissioner of Income Tax Company Circle 3(1), Chennai.

Respondent in both appeals Prayer: Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of Income Tax Appellate Tribunal, “A” Bench, Chennai, dated 31.10.2018 passed in IT.A.No.700/Chny/2017 for the Assessment Year 2007-08. For Appellant in both appeals : Mr.I.Dinesh For M/s.Philip George M P Senthil Kumar D Palanivel __________ Page 1 of 3 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 08:38:11 pm ) TCA Nos.296 and 297 of 2024 For Respondent in both appeals : Mr.J.Narayanaswamy Senior Standing Counsel COMMON ORDER (Order of the Court was made by the Hon'ble The Chief Justice) Mr.I.Dinesh, counsel for appellant in both appeals, seeks leave to withdraw the appeals since appellant/assessee has decided to settle the matter under the Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024 . 2. Appeals stand dismissed as withdrawn. There shall be no order as to costs. (K.R.SHRIRAM, C.J.) (SUNDER MOHAN J.) 24-06-2025 Index : Yes/No Neutral Citation : Yes/No ars/dk __________ Page 2 of 3 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 08:38:11 pm ) TCA Nos.296 and 297 of 2024 THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN, J. ars/dk To 1. The Income Tax Appellate Tribunal, “A” Bench, Chennai. 2. The Assistant Commissioner of Income Tax Company Circle 3(1), Chennai. T.C.A.Nos.296 and 297 of 2025 24.06.2025 __________ Page 3 of 3 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 08:38:11 pm )

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