BAMA BALASUBRAMANYAM vs. COMMISSIONER OF INCOME TAX

Tax Case Appeal No.414 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.07.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMY AND THE HON'BLE MRS.JUSTICE R. HEMALATHA Tax Case Appeal No.414 of 2021 Smt.Bama Balasubramanyam, New No.7, Old No.5, II Main Road, East CIT Nagar, Chennai – 600 035.

... Appellant Vs.

Commissioner of Income Tax, 121, M.G. Road, 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, Madras "B" Bench, dated 22.09.2017 passed in I.T.A.No.1981/Mds/2016. For Appellant : Mr.N.V.Balaji

For Respondent : Mr.T.Ravi Kumar

Senior Standing Counsel

Page 1/6 http://www.judis.nic.in Tax Case Appeal No.414 of 2021 J U D G M E N T (Delivered by M.DURAISWAMY, J.) This appeal filed by the assessee under Section 260A of the Income Tax Act, 1961 ('the Act' for brevity), is directed against the order dated 22.09.2017 passed by the Income Tax Appellate Tribunal, Madras "B" Bench, ('the Tribunal' for brevity) in I.T.A.No.1981/Mds/2016 for the assessment year 2007-08. The appellant/assessee has raised the following substantial questions of law in the above appeal : “1.Whether the Tribunal in law erred in violating the principles of natural justice, fair procedure and legitimate expecation? 2.Whether the ITAT in law was right in confirming assumption of jurisdiction u/s.147 in view of change of opinion of the Assessing Officer, no fresh materials and application of proviso and vague notice issued u/s.147 of the Income Tax Act? 3.Whether the Tribunal in law erred in treating the revenue expenditure in regard to partition and electrical works and temporary structures as capital expenditure? If so, whether the Tribunal was right in not granting 100% of depreciation to temporary structures?” Page 2/6 http://www.judis.nic.in Tax Case Appeal No.414 of 2021 2. We have heard Mr.N.V.Balaji, learned counsel appearing for the appellant/ assessee and Mr.T.Ravi Kumar, learned Senior Standing Counsel for the respondent/Revenue. 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 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. We are informed by the learned counsel for the appellant/ assessee that the assessee had already been issued with Form-3 on 21.04.2021 and the learned counsel for the appellant seeks permission of this Court to withdraw the appeal. Page 3/6 http://www.judis.nic.in Tax Case Appeal No.414 of 2021 5. In the light of the fact that the assessee has already availed the benefit under the Act, no useful purpose would be served in keeping the appeal pending. At the same time, the interest of the assessee in the event the order to be passed by the Department under the Act is not in favour of the assessee, is to be safeguarded. Accordingly, the Tax Case Appeal stands dismissed as withdrawn on the ground that the assessee has already been issued with Form-3 and the Department shall process the application at the earliest in accordance with the said Act and communicate the decision to the assessee at the earliest. As observed, the assessee is given liberty to restore the 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 Division Bench for orders. Page 4/6 http://www.judis.nic.in Tax Case Appeal No.414 of 2021 6. With this observation, these Tax Case Appeal stands dismissed as withdrawn with the aforementioned liberty, and consequently, the Substantial Questions of Law are left open. No costs. [M.D., J.] [R.H., J.] 28.07.2021

Index : Yes/No

Internet : Yes

mkn To 1. Income Tax Appellate Tribunal, Madras "B" Bench 2.The Commissioner of Income Tax, 121, M.G. Road, Chennai – 600 034. Page 5/6 http://www.judis.nic.in Tax Case Appeal No.414 of 2021 M. DURAISWAMY, J. and R. HEMALATHA, J. mkn Tax Case Appeal No.414 of 2021

28.07.2021 Page 6/6 http://www.judis.nic.in