SWAMINATHAN SRIDHAR vs. COMMISSIONER OF INCOME TAX

TCA.No.679 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.01.2021 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.N.MANJULA Tax Case Appeal No.679 of 2019 Swaminathan Sridhar ...Appellant Vs Commissioner of Income Tax-6, 121, Uthamar Gandhi Salai, Nungambakkam, Chennai – 600 034. ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 31.05.2017 passed by the Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai made in I.T.A.No.535/Mds/2016 for the assessment year 2011-12. For Appellant : Mr.N.V.Balaji For Respondent : Mr.T.R.Senthil Kumar Senior Standing Counsel 1/5 https://www.mhc.tn.gov.in/judis/ TCA.No.679 of 2019 Judgment was delivered by

T.S.SIVAGNANAM

,J This appeal has been filed by the assessee under Section 260A of the Income Tax Act, 1961 ('the Act' for brevity) challenging the order dated 31.05.2017 made in I.T.A.No.535/Mds/2016 on the file of the Income Tax Appellate Tribunal, Chennai, 'B' Bench ('the Tribunal' for brevity) for the assessment year 2011-12. 2.The appeal was admitted on 09.12.2020 on the following substantial questions of law: “1.Whether under the facts and circumstances of the case, the Tribunal was right in upholding the order of the lower authorities that SAR is taxable as perquisite? 2.Whether the Income Tax Appellate Tribunal was right in not adjudicating the several grounds raised by the appellant and thereby not giving an opportunity of being heard?” 3.We have heard Mr.N.V.Balaji, learned counsel appearing for the 2/5 https://www.mhc.tn.gov.in/judis/ TCA.No.679 of 2019 appellant/assessee and Mr.T.R.Senthil Kumar, learned Senior Standing Counsel appearing for the respondent/Revenue. 4.The learned counsel on behalf of the appellant/assessee submits that the appellant/assessee already filed the declaration/ undertaking under the Vivad Se Vishwas Scheme on 28.12.2020 and is awaiting orders to be passed in Form No.3. 5.In the light of the subsequent event, the Competent Authority shall process the application/declaration in accordance with the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3 of 2020) and pass appropriate orders as expeditiously as possible. The assessee is given liberty to restore this appeal in the event the ultimate decision to be 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 appeal and on such request made by the assessee by filing a miscellaneous petition for restoration, the Registry shall place such 3/5 https://www.mhc.tn.gov.in/judis/ TCA.No.679 of 2019 petition before the appropriate Division Bench for orders. 6.The tax case appeal stands disposed of with the aforementioned liberty and Consequently, the substantial questions of law framed are left open. No costs. (T.S.S.,J.) (R.N.M.,J.) 08.01.2021 cse To 1.The Income Tax Appellate Tribunal, 'B' Bench, Chennai. 2.Commissioner of Income Tax-6, 121, Uthamar Gandhi Salai, Nungambakkam, Chennai – 600 034. 4/5 https://www.mhc.tn.gov.in/judis/ TCA.No.679 of 2019 T.S.SIVAGNANAM,J AND R.N.MANJULA

,J cse TCA.No.679 of 2019 18.01.2021 5/5 https://www.mhc.tn.gov.in/judis/