M/S.NIPPON PAINT (INDIA) PVT vs. THE DEPUTY COMMISSIONER OF I

TCA.No.32 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.02.2021 CORAM : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Ms.Justice R.N.MANJULA Tax Case Appeal No.32 of 2021 M/s.Nippon Paint (India) Pvt Ltd., K-8(1) Phase 2, SIPCOT Industrial Park, Mambakkam Village, Sriperumbudhur, Sunguvarchatiram, Kancheepuram - 602 106. ...Appellant Vs The Deputy Commissioner of Income Tax, International Taxation 2(2), Chennai. ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 29.03.2019 made in ITA.No.2562/Chny/2018 on the file of the Income Tax Appellate Tribunal, Madras 'D' Bench, for the assessment year 2010-11. For Appellant: Mr.N.V.Balaji For Respondent: Mr.R.Karthik Ranganathan Senior Standing Counsel JUDGMENT 1/4 https://www.mhc.tn.gov.in/judis/ TCA.No.32 of 2021 (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 29.03.2019 made in ITA.No.2562/Chny/2018 on the file of the Income Tax Appellate Tribunal, Madras 'D' Bench ('the Tribunal' for brevity) for the assessment year 2010-11. 2. The appeal was admitted on 25.01.2021 on the following substantial questions of law: "1. Whether under the facts and circumstances of the case, the Tribunal was right in holding amounts paid to seconded employees as Fee for technical services? 2. Whether under the facts and circumstances of the case, the Tribunal was right in holding reimbursement of expenses as fees for technical services?" 3. We have heard Mr.N.V.Balaji, learned counsel appearing for the appellant/assessee and Mr.R.Karthik Ranganathan, learned Senior Standing Counsel appearing for the respondent/Revenue. 2/4 https://www.mhc.tn.gov.in/judis/ TCA.No.32 of 2021 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 31.01.2021 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 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. 3/4 https://www.mhc.tn.gov.in/judis/ TCA.No.32 of 2021 T.S.SIVAGNANAM,J AND R.N.MANJULA,J hvk 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.) 15.02.2021 Index:Yes/No Internet:Yes/No hvk To 1. The Income Tax Appellate Tribunal, Madras 'D' Bench. 2. The Deputy Commissioner of Income Tax, International Taxation 2(2), Chennai. TCA.No.32 of 2021 4/4 https://www.mhc.tn.gov.in/judis/