SHRI. P.K.DURAISAMY vs. THE ASSISTANT COMMISSIONER O

TCA.No.403 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.3.2021 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MS.JUSTICE R.N.MANJULA Tax Case Appeal No.403 of 2019

Shri P.K.Duraisamy ...Appellant Vs The Assistant Commissioner of Income Tax, Central Circle II, Coimbatore. ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 30.1.2019 passed by the Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai made in I.T.A.No.816/Chny/2013 for the assessment year 2008-09. For Appellant: Mr.A.S.Sriraman For Respondent: Mr.T.R.Senthilkumar, SSC assisted by Ms.K.G.Usharani, JSC Judgment was delivered by

T.S.SIVAGNANAM

This appeal has been filed by the assessee under Section 260A of the Income Tax Act, 1961 ('the Act' for brevity) challenging the order 1/4 https://www.mhc.tn.gov.in/judis/ TCA.No.403 of 2019 dated 30.1.2019 made in I.T.A.No.816/Chny/2013 on the file of the Income Tax Appellate Tribunal, Chennai, 'B' Bench ('the Tribunal' for brevity) for the assessment year 2008-09. 2. The appeal was admitted on 22.7.2020 on the following substantial questions of law : ““i. Whether penalty under Section 271AAA of the Act is justifiably leviable in the context of wrong initiation of the proceedings as reflected in the show cause notice issued? ii. Whether the Appellate Tribunal has power to deviate from the decision of the jurisdictional High Court and jurisdictional Bench of the Income Tax Appellate Tribunal on the identical question of law considered and answered by them ? iii. Whether the provisions of Section 271AAA of the Act can be justifiably invoked/ levied despite the satisfaction of the conditions for the applicability of the exceptions carved out in the said penal provisions of the Act ? And iv. Whether the Appellate Tribunal is correct in confirming the levy of penalty under Section 271AAA of the Act in the context of the appellant/assessee

surrendering

the undisclosed income in the return of income 2/4 https://www.mhc.tn.gov.in/judis/ TCA.No.403 of 2019 filed based on the statements recorded under Section 132(4) of the Act and further undisputedly complied the other consequential conditions ?” 3. We have heard Mr.A.S.Sriraman, learned counsel for the appellant/assessee and Mr.T.R.Senthilkumar, learned Senior Standing Counsel assisted by Ms.K.G.Usharani, learned Junior Standing Counsel appearing for the respondent/Revenue. 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 on 11.1.2021 in Form No.3. 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. 3/4 https://www.mhc.tn.gov.in/judis/ TCA.No.403 of 2019 T.S.SIVAGNANAM,J AND R.N.MANJULA,J RS 6. The tax case appeal stands disposed of with the aforementioned liberty. Consequently, the substantial questions of law framed are left open. No costs. 02.3.2021 To 1.The Income Tax Appellate Tribunal, 'B' Bench, Chennai. 2.The Assistant Commissioner of Income Tax, Central Circle II, Coimbatore. TCA.No.403 of 2019 4/4 https://www.mhc.tn.gov.in/judis/