M/S CRI PUMPS P LTD. vs. THE DEPUTY COMMISSIONER OF I

T.C.A. No. 598 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.12.2021 CORAM THE HONOURABLE MR. JUSTICE R. MAHADEVAN AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ T.C.A. No. 598 of 2021 M/s. CRI Pumps P Ltd 7/46-1, Keeranantham Road Saravanampatty Coimbatore PAN: AAACC 9497N

.. Appellant Versus

The Deputy Commissioner of Income Tax Corporate Circle - 2 Coimbatore. .. Respondent

Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, “C” Bench, Chennai dated 23.11.2016 passed in I.T.A.No.1049/Mds/2016. For Appellant : Mr.S. Sridhar For Respondent : Mr.M. Swaminathan Senior Standing Counsel

assisted by Mrs.Usha Rani Junior Standing Counsel Page 1/5 https://www.mhc.tn.gov.in/judis T.C.A. No. 598 of 2021 JUDGMENT (Judgment of the Court was delivered by R. MAHADEVAN, J.) This Tax Case Appeal has been filed by the appellant / Assessee challenging the order dated 23.11.2016 passed by the Income Tax Appellate Tribunal, Bench 'C', Chennai ('the Tribunal', for brevity) in I.T.A.No.1049/Mds/2016 for the Assessment Year 2011-2012 by raising the following substantial questions of law : “1.Whether the Appellate Tribunal is correct in interpreting the provisions of section 32(1)(iia) of the Act so as to restrict the claim of additional depreciation relating to the plant & machinery installed and used in the appellant's business in the first year and not in the subsequent assessment years on the presumption of grant of such benefit by the statute was allowable once and not in the later assessment years? 2. Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal is right in law in rejecting the claim of the appellant for additional depreciation in terms of section 32(1)(iia) of the Act? 3. Whether the Appellate Tribunal is correct in law in misconstructing the provisions of section 32(1)(iia) of the Act while not considering the legislative history of the said provisions governing the grant of additional depreciation as Page 2/5 https://www.mhc.tn.gov.in/judis T.C.A. No. 598 of 2021 well as further while no considering the principles of harmonious interpretation?” 3.When the matter was taken up for consideration, the learned counsel appearing for the appellant / assessee submitted that during the pendency of this tax case appeal, the assessee has filed the requisite Forms 1 and 2 under Section 4 of the Direct Tax Vivad Se Vishwas Act, 2020, which were accepted and Form 3 was issued to the assessee on 08.04.2021 by the Income Tax Department. The learned counsel has also filed a memo to that effect. 4.The aforesaid submission made by the learned counsel for the appellant / assessee has also been fairly conceded by the learned senior standing counsel appearing for the respondent / Revenue. 5.This court heard the submissions made by the learned counsel on either side, as per which, the assessee has already availed the benefit conferred under the beneficial legislation viz., the Direct Tax Vivad Se Vishwas Act, 2020, enacted for resolution of disputed tax and for matters connected therewith or incidental thereto, which came into force with effect Page 3/5 https://www.mhc.tn.gov.in/judis T.C.A. No. 598 of 2021 from 17.03.2020; and the declarations submitted by the assessee were also accepted and Form 3 was also issued to them by the Income Tax Department. In view of such development, it is unnecessary for this court to decide the substantial questions of law arisen in this tax case appeal.

6.Therefore, recording the submissions so made by the learned counsel on either side, this appeal stands disposed of, directing the department to process the application in accordance with the Act and communicate the decision to the assessee at the earliest. No costs. [R.M.D, J.] [M.S.Q, J.] 20.12.2021

dhk Internet : Yes

Index : Yes / No To 1.The Income Tax Appellate Tribunal, Chennai “C” Bench 2.The Deputy Commissioner of Income Tax Corporate Circle - 2 Coimbatore.

Page 4/5 https://www.mhc.tn.gov.in/judis T.C.A. No. 598 of 2021 R. MAHADEVAN, J. and MOHAMMED SHAFFIQ, J. dhk Tax Case Appeal No.598 of 2021 20.12.2021 Page 5/5 https://www.mhc.tn.gov.in/judis