THE COMMISSIONER OF INCOME T vs. SMT SARITA SARAF

Tax Case Appeal No.58 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.08.2022 CORAM : THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Tax Case Appeal No.58 of 2021 The Commissioner of Income Tax, Chennai. ... Appellant Versus Smt Sarita Saraf (Director M/s. Pondicherry Agrofoods Pvt. Ltd), No.1B, 28/121, Rukmani Lakshmipathy Salai, Egmore, Chennai - 600 008. PAN: ALJPS 3247F ... Respondent

Appeal preferred under Section 260A of the Income Tax Act, 1961, against the order dated 04.07.2019 passed by the Income Tax Appellate Tribunal, “B” Bench, Chennai, in I.T.A.No.3247/Chny/2018. For Appellant : Mr.T.Ravikumar, Senior Standing Counsel Page 1/6 https://www.mhc.tn.gov.in/judis Tax Case Appeal No.58 of 2021 JUDGMENT (Judgment of this Court was delivered by R.MAHADEVAN, J.) This tax case appeal has been filed by the appellant / Revenue, challenging the order dated 04.07.2019 passed by the Income Tax Appellate Tribunal, Chennai 'B' Bench, relating to the assessment year 2014-2015. 2.By order dated 16.02.2021, this court admitted the aforesaid tax case appeal on the following substantial questions of law: "(i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in setting aside the well reasoned order passed by the Assessing Officer for re- examination especially when the Assessing Officer had duly examined all the material placed while passing the assessment order? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in remitting the issue back to the file of the Assessing Officer by quoting the decision in the case of Sunil Kumar Lalwani and Aashesh Kumar Lalwani Page 2/6 https://www.mhc.tn.gov.in/judis Tax Case Appeal No.58 of 2021 wherein the onus has been shifted to the Revenue with a direction that the Assessing Officer is to bring on record the role of the assessee in promoting the company and the relation of the assessee if any with that of the promoters and role of inflating prices etc, which exercise had already been done by the Assessing Officer and the SEBI? And (iii) Is not the finding of the Tribunal perverse especially when the decision of the Tribunal is contrary to the time tested principle that the person who asserts a fact has to discharge the initial burden cast upon him to show that the said facts are true and only thereafter the burden would shift to the Department?" 3.When the matter was taken up for consideration, the learned Senior Standing Counsel appearing for the appellant / Revenue submitted that during the pendency of this tax case appeal, the assessee has availed the benefit conferred under the Direct Tax Vivad Se Vishwas Act, 2020 and filed necessary declarations, which were accepted and Form 5 / order for full and final settlement of tax arrears, was also issued by the Income tax department, on 07.12.2021. The learned Senior Standing Counsel has also filed Form 5 dated 07.12.2021 to that effect. Page 3/6 https://www.mhc.tn.gov.in/judis Tax Case Appeal No.58 of 2021 4.The aforesaid submission made by the learned Senior Standing Counsel for the appellant/Revenue has also been fairly conceded by the learned counsel appearing for the respondent/assessee. 5.In view of the subsequent development, this court is of the opinion that nothing survives for adjudication in this appeal. Recording the submission so made by the learned counsel on either side, the Tax Case Appeal stands disposed of. No costs. [R.M.D,J.] [M.S.Q, J.] 30.08.2022

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Index : Yes / No msr/av Page 4/6 https://www.mhc.tn.gov.in/judis Tax Case Appeal No.58 of 2021 To 1. The Income Tax Appellate Tribunal, Chennai 'B' Bench. 2. The Commissioner of Income Tax, Chennai. 3. The Assistant Commissioner of Income Tax, Corporate Circle - 5(2), Chennai. 4. The Commissioner of Income Tax (Appeals)-4, Chennai. Page 5/6 https://www.mhc.tn.gov.in/judis Tax Case Appeal No.58 of 2021 R. MAHADEVAN, J. and MOHAMMED SHAFFIQ, J. av Tax Case Appeal No.58 of 2021

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