THE COMMISSIONER OF INCOME vs. M/S.TTK HEALTHCARE LIMITED

T.C.A No.88 of 2016 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.11.2022 CORAM : THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR. JUSTICE C.SARAVANAN Tax Case Appeal No.88 of 2016 The Commissioner of Income Tax, Chennai.

.. Appellant Versus

M/s.TTK Healthcare Limited No.6, Cathedral Road Chennai-600 086. .. Respondent

Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras “D” Bench, Chennai dated 02.07.2013 passed in I.T.A. 2029/Mds/2011. For Appellant : Ms.V.Pushpa for Mr.M.Swaminathan For Respondent : Mr.R.Vijayaraghavan for Ms.Subbaraya Aiyar Padmanabhan Page 1/4 https://www.mhc.tn.gov.in/judis T.C.A No.88 of 2016 J U D G M E N T This Tax Case Appeal has been filed by the appellant / Assessee challenging the order dated 02.07.2013 passed by the Income Tax Appellate Tribunal, Bench 'D', Chennai ('the Tribunal', for brevity) in I.T.A. No.2029/Mds/2011 for the Assessment Year 2004-2005. 2. This Court vide order dated 24.02.2016, admitted this Appeal by raising the following substantial questions of law : “1.Whether, on the facts and in the circumstances of the case, the Tribunal was right in confirming the order of the Commissioner of Income Tax (Appeals) who deleted the disallowance made under Section 40A(2)(b)?” 2. Whether on the facts and in the circumstances of the case, the Tribunal was right in deleting the disallowance made under section 40A(2)(b) when the assessee has been paying depot service charges at 2% on the sale turnover to the other parties and 3% of depot service charges were paid to group concerns which is clearly higher than the prevailing market rate to reduce the taxable income?" Page 2/4 https://www.mhc.tn.gov.in/judis T.C.A No.88 of 2016 3.When the matter was taken up for consideration, the learned 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 for the Assessment Year 2004-2005 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 21.09.2021. The learned counsel has also filed Form 5 dated 21.09.2021 to that effect. She has further submitted that in view of this subsequent development the Assessee has withdrawn the Appeal filed by the Assessee in T.C.A.No.557 of 2016 and therefore this Appeal may also be disposed of. 4.The learned counsel appearing for the Respondent/ Assessee submitted that he is not aware of the present Appeal. 5.In view of the subsequent development, this court is of the opinion that nothing survives for adjudication in this Appeal. Recording the Page 3/4 https://www.mhc.tn.gov.in/judis T.C.A No.88 of 2016 S.VAIDYANATHAN, J. and C.SARAVANAN, J. arr submission so made by the learned counsel appearing for the Appellant, the Tax Case Appeal stands disposed of. No costs. [S.V.N, J.] [C.S.N, J.] 07.11.2022 Internet : Yes

Index : Yes / No arr To 1.The Income Tax Appellate Tribunal, Madras “D” Bench 2. The Commissioner of Income Tax, Chennai.

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