M/S.TAMILNADU CIVIL SUPPLIES vs. THE ASSISTANT COMMISSIOER OF

T.C.A.No.464 of 2020 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.12.2020 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN T.C.A.No.464 of 2020

M/s Tamilnadu Civil Supplies Corporation Ltd., No.12, Thambusamy Road, Kilpauk, Chennai - 600 010 .. Appellant Versus The Assistant Commissioner of Income Tax, Corporate Circle -3(1) New Block, 4th Floor, No.121, Mahatma Gandhi Road, Chennai - 600 034 .. Respondent Prayer:- Tax Case Appeal filed under Section 260-A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai, dated 28.02.2019 made in I.T.A.No.2861/Chny/2018 relating to the Assessment Year 2012-2013. For Appellant : Mr.A.S.Sriraman For Respondent : Ms.V.Pushpa for Mr.M.Swaminathan Senior Standing counsel 1/7 https://www.mhc.tn.gov.in/judis/ T.C.A.No.464 of 2020 J U D G M E N T [Judgment of the Court was made by

T.S.SIVAGNANAM

, J.]

This appeal has been filed by the assessee under Section 260 A of the Income Tax Act, 1961 ('the Act' for brevity), challenging the order dated 28.02.2019 passed by the Income Tax Appellate Tribunal, Chennai, 'B' Bench ('the Tribunal' for brevity) in I.T.A.No.2861/Chny/2018 for the Assessment Year 2012-2013. 2. The following Substantial Questions of Law were raised for consideration: "1. Whether the provisions of section 43B(f) of the act is constitutionally valid in view of lack of reasons shown for inserting the said provisions in the statute to overcome the law declared by the Apex Court in the case of M/s Bharath Earth Movers Ltd? 2. Whether the Appellate Tribunal is correct in not following the only decision available on the validity of the provisions in section 43B(f) of the Act rendered by the Calcutta High Court despite the interim orders passed by the Apex Court in relation thereto? 3. Whether the claim for deduction of the provision for leave encashment made in the computation of taxable total income by the Appellant is proper and 2/7 https://www.mhc.tn.gov.in/judis/ T.C.A.No.464 of 2020 justified? 4. Whether the Appellate Tribunal is correct in confirming the re-assessment order passed u/s 143(3) read with Section 147 of the act in the absence of tangible / valid materials coupled with change of opinion for assuming jurisdiction to complete the said re- assessment by the respondent / Assessing Officer? 2. We have heard Mr.A.S.Sriraman, learned counsel for the appellant/assessee and Ms.V.Pushpa, learned counsel for Mr.M.Swaminathan, learned Senior Standing counsel for the respondent/Revenue. 3. The learned counsel for the appellant / assessee, on instructions, submitted that the appellant / assessee intends to avail the benefit of Vivad Se Vishwas Scheme ('VVS Scheme' for brevity) and in this regard, the assessee is taking steps to file the application / declaration in Form No.I. 4. 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 3/7 https://www.mhc.tn.gov.in/judis/ T.C.A.No.464 of 2020 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. 5. In terms of the said Act, the assessee has been given an option to put an end to the tax disputes, which may be pending at different levels either before the First Appellate Authority or before the Tribunal or before the High Court or before the Hon'ble Supreme Court of India. Under Section 2(j) “disputed tax” has been defined. In terms of Section 3, where a declarant means a person, who files a declaration under Section 4 on or before the last date files a declaration to the designated authority in accordance with the provisions of Section 4 in respect of tax arrears, then, notwithstanding anything contained in the Income Tax Act or any other law for the time being in force, the amount payable by the declarant shall be determined in terms of Section 3(a-c) thereunder. 6. The First Proviso to Section 3 states that in case, where an Appeal or Writ Petition or Special Leave Petition is filed by the Income Tax authority on any issue before the Appellate Forum, the amount payable shall be one-half of the amount in the table stipulated in Section 3 calculated on such issue, in such a manner as may be prescribed. The 4/7 https://www.mhc.tn.gov.in/judis/ T.C.A.No.464 of 2020 second proviso deals with the cases, where the matter is before the Commissioner (Appeals) or before the Dispute Resolution Panel. The third proviso deals with cases, where the issue is pending before the Income Tax Appellate Tribunal. The filing of the declaration is as per Section 4 of the Act and the particulars to be furnished are also mentioned in the Sub Sections of Section 4. Section 5 of the Act deals with the time and manner of the payment and Section 6 deals with Immunity from initiation of proceedings in respect of offence and imposition of penalty in certain cases. Section 9 of the Act deals with cases, where the Act 3 of 2020 will not be applicable. 7. As observed, the assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration to be 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. 5/7 https://www.mhc.tn.gov.in/judis/ T.C.A.No.464 of 2020 8. In the light of the above, We direct the appellant / assessee to file the Form No.I and the competent authority shall process the application / declaration in accordance with the Act and pass appropriate orders as expeditiously as possible preferably within a period of six (6) weeks from the date on which the declaration is filed in the proper form. 9. With this direction, the Tax Case Appeal stands disposed of with the aforementioned liberty and Consequently, the Substantial Questions of Law are left open. No costs. (T.S.S.,J) (V.B.S.,J) 18.12.2020 Index: Yes / No Internet: Yes / No Speaking Order/Non-Speaking Order 6/7 https://www.mhc.tn.gov.in/judis/ T.C.A.No.464 of 2020 T.S.SIVAGNANAM, J. AND V.BHAVANI SUBBAROYAN, J. ssd To The Income Tax Appellate Tribunal, 'B' Bench, Chennai. T.C.A.No.464 of 2020 18.12.2020 7/7 https://www.mhc.tn.gov.in/judis/