M/S.S.V.P.N.S.N.BALASIVAJI N vs. THE INCOME TAX OFFICER

TCA.Nos.429 to 431 of 2020 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.03.2021 CORAM : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Ms.Justice R.N.MANJULA Tax Case Appeal Nos.429 to 431 of 2020 M/s.S.V.P.N.S.N.Balasivaji Nadar & Sons, 140, Dr.Ambedkar Street, Virudhunagar - 626 001. ...Appellant in all cases Vs The Income Tax Officer, Ward - 4, Virudhunagar. ...Respondent in all cases COMMON PRAYER: Appeals under Section 260A of the Income Tax Act, 1961 against the common order dated 12.07.2019 made in ITA.No.2276/Chny/2018 for the assessment year 2009-10, ITA.No.2278/Chny/2018 for the assessment year 2011-12 and ITA.No.2277/Chny/2018 for the assessment year 2010-11 on the file of the Income Tax Appellate Tribunal, 'D' Bench, Chennai. For Appellant: Mr.A.S.Sriraman For Respondent: Mr.M.Swaminathan, SSC assisted by Ms.V.Pushpa, JSC 1/4 http://www.judis.nic.in TCA.Nos.429 to 431 of 2020 COMMON JUDGMENT (Delivered by

T.S.Sivagnanam,J

) These appeals have been filed by the assessee under Section 260A of the Income Tax Act, 1961 ('the Act' for brevity) challenging the common order dated 12.07.2019 made in ITA.Nos.2276 to 2278/Chny/2018 for the assessment years 2009-10, 2010-11 and 2011-12 respectively on the file of the Income Tax Appellate Tribunal, 'D' Bench, Chennai ('the Tribunal' for brevity). 2. The appeals were admitted on 18.12.2020 on the following substantial questions of law: "1. Whether the provisions of Section 147 of the Act is validly invoked based on the borrowed satisfaction on the escapement of taxable total income especially in the absence of independent satisfaction on the materials received from external source (Maharashtra VAT Department) by the Respondent/ Assessing Officer? 2. Whether the decisions of Co-ordinate Bench relied upon by the Appellant should warrant consistent decision on the said issue in view of the law declared by the Supreme Court and this Hon'ble 2/4 http://www.judis.nic.in TCA.Nos.429 to 431 of 2020 Court in various decisions and further on the principles of judicial discipline?" 3. We have heard Mr.A.S.Sriraman, learned counsel for the appellant-assessee and Mr.M.Swaminathan, learned Senior Standing Counsel assisted by Ms.V.Pushpa, learned Junior Standing Counsel appearing for the respondent-Revenue. 4. The learned counsel for the appellant-assessee submits that the assessee already filed the declaration/undertaking under the Vivad Se Vishwas Scheme and orders were passed in Form No.3. 5. In the light of the subsequent event, the assessee is given liberty to restore these appeals 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 appeals 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 http://www.judis.nic.in TCA.Nos.429 to 431 of 2020 T.S.SIVAGNANAM,J AND R.N.MANJULA,J hvk 6. The tax case appeals stand disposed of with the aforementioned liberty. Consequently, the substantial questions of law framed are left open. No costs. (T.S.S.,J.) (R.N.M.,J.) 15.03.2021 Index:Yes/No Internet:Yes/No hvk To 1. The Income Tax Appellate Tribunal, 'D' Bench, Chennai. 2. The The Income Tax Officer, Ward - 4, Virudhunagar. TCA.Nos.429 to 431 of 2020 4/4 http://www.judis.nic.in