M/S.BLAISE INFORMATION SYSTE vs. THE INCOME TAX OFFICER

PDF · subscribers
TCA/59/2017HC Madras02 February 2021Bench: Hon`ble Mr Justice M.DURAISWAMY4 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court did not decide the substantial question of law framed for consideration. The Court was informed by the assessee's counsel that the assessee had opted for the Direct Tax Vivad Se Vishwas Act, 2020, and had been issued Form-3. Consequently, the assessee sought permission to withdraw the appeal. In view of this submission, the High Court dismissed the Tax Case Appeal as withdrawn. No principle of law was established or ratio decidendi was provided as the appeal was disposed of on procedural grounds due to the assessee's decision to settle the dispute under the Vivad Se Vishwas Act.

What were the facts?

The assessee, M/s. Blaise Information Systems, filed an appeal before the High Court of Judicature at Madras against an order dated 18.08.2016 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.2285/Mds/2015. The appeal pertained to the assessment year 2011-12. The High Court admitted the appeal on 22.02.2017, framing a substantial question of law regarding the allowability of exemption under Section 10A for the said assessment year. Subsequently, the Direct Tax Vivad Se Vishwas Act, 2020, was enacted. The assessee informed the court that they had been issued Form-3 under this Act and sought permission to withdraw the appeal.

What were the issues?

1. Whether the Tribunal was right in holding that the exemption under Section 10A is not allowable for assessment year 2011-12? (Question of law) Assessee's contention: The assessee's counsel sought permission to withdraw the appeal, citing the enactment of the Direct Tax Vivad Se Vishwas Act, 2020, and the issuance of Form-3 to the assessee. Revenue's contention: No specific contention was recorded for the revenue on the substantial question of law, as the appeal was withdrawn by the assessee.

Which sections of the Income-tax Act were involved?

Section 260A,Section 10A

AI-generated summary — verify with the full judgment below

Tax Case Appeal No.59 of 2017 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.02.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMY AND THE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal No.59 of 2017 M/s.Blaise Information Systems, No.55, Flat No.5, Embassy Tower, 4th Floor, Montieth Road, Egmore, Chennai – 600 008 presently at No.57, Sami Pandaram Street, 1st Floor, Chinthadripet, Chennai – 600 002.

... Appellant Vs.

The Income Tax Officer, Business Ward – VI(1), (Presently NCW 9(1)], No.121, Uttamar Gandhi Salai, 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, SMC- A Bench, Chennai dated 18.08.2016 passed in I.T.A.No.2285/Mds/ 2015. Page 1/4 https://www.mhc.tn.gov.in/judis/ Tax Case Appeal No.59 of 2017 For Appellant : Mr.V.S.Jayakumar For Respondent : Mr.Karthick Ranganathan,

Senior Standing Counsel 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 18.08.2016 passed by the Income Tax Appellate Tribunal, SMC-A Bench, Chennai, ('the Tribunal' for brevity) in I.T.A.No.2285/Mds/2015 for the assessment year 2011-12. The above appeal has been admitted on 22.02.2017 on the following Substantial Question of Law: “Whether the Tribunal was right in holding that the exemption under Section 10A is not allowable for assessment year 2011-12?” 2. We have heard Mr.V.S.Jayakumar, learned counsel for the appellant/assessee and Mr.Karthick Ranganathan, learned Senior Standing Counsel for the respondent/Revenue. Page 2/4 https://www.mhc.tn.gov.in/judis/ Tax Case Appeal No.59 of 2017 3. It may not be necessary for this Court to decide the Substantial Question 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 09.12.2020 and the learned counsel for the appellant seeks permission of this Court to withdraw the appeal. 5. In view of the submission made by the learned counsel for the appellant, the Tax Case Appeal stands dismissed as withdrawn. No costs.

Index : Yes/No [M.D., J.] [T.V.T.S., J.] Internet : Yes 02.02.2021 va Page 3/4 https://www.mhc.tn.gov.in/judis/ Tax Case Appeal No.59 of 2017 M. DURAISWAMY, J. and T.V. THAMILSELVI, J. va To 1. Income Tax Appellate Tribunal, SMC-A Bench, Chennai 2.The Income Tax Officer, Business Ward – VI(1), (Presently NCW 9(1)], No.121, Uttamar Gandhi Salai, Chennai – 600 034. Tax Case Appeal No.59 of 2017

02.02.2021 Page 4/4 https://www.mhc.tn.gov.in/judis/

More judgments on Section 10A

All 2,147 judgments and leading authorities on Section 10A →

Recent GST High Court judgments

Search GST case law →