Smt.S.Gowri v. Asst Commissioner Of Income

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2021

CORAM

THE HON'BLE MR.JUSTICE M. DURAISWAMY AND THE HON'BLE MRS.JUSTICE R. HEMALATHA Tax Case Appeal Nos.707, 709 & 710 of 2015 S. Gowri ... Appellant in all the TCAs v.

Asst. Commissioner of Income Tax Central Circle - 1 (2).

Chennai - 600 034.

... Respondent in all the TCAs COMMON PRAYER: Tax Case Appeals filed under Section 260A of the Income Tax Act, 1961 against the orders of the Income Tax Appellate Tribunal, Madras "A" Bench, dated 12.12.2013 passed in I.T.A.Nos.1975,1977 & 2289/Mds/2012 for the assessment Years 2003-04, 2008-09 and 2009-10 respectively TCA No.707/15 : appeal against the order of the Commissioner of Income Tax, (Appeals 1) 46, M.G.Road, Nungambakkam, Chennai-34 made in ITA No.62/11-12 dated 14/8/12 Assessment year 2003-04 and against the order of the Assistant Commissioner of Income Tax, Central Circle-1(2)(i/c), Chennai 34 made in PAN AAIPG6701G dated 30/06/2011 assesmemnt year 2003-04.

TCA No.709/15 : Appeal against the order of the Income Tax (Appeals) 1 Circle-1(2((i/c), Chennain 34, ITA No.64/11-12, dated 14/08/2012, Assessment Year 2008-2009 and appeal against the order of the Assistant Commissioner of Income Tax, Central Circle 1(2) No.46, M.G.Road, Chennai 34, made in PAN No.AAIPG6701G/Penalty/08-09 dated 30.06.2011, Assessment Year 2008-09.

TCA No.710/15 : Appeal against the order of the Commissioner of Income Tax (Appeals)-I, No.46, M.G.Road, Nungambakkam Chennai 34, made in ITA No.65/11-12 dated 10/09/2012, Assessment Year 2009-2010 and appeal against the order of the Assistant Commissioner of Income Tax, Central Circle-1(2)(i/c) No.46, M.G.Road, Chennai made in PAN AAIPG6701G/Penalty/2009-10 dated 30.06.2011, Assessment Year 2009-10.

For Appellant in all the TCAs : Mrs.Sri Niranjani For Respondent in all the TCAs : Mrs.V. Pushpa Senior Counsel C O M M O N J U D G M E N T (Delivered by M.DURAISWAMY, J.) These appeals are filed by the assessee under Section 260A of the Income Tax Act, 1961 ('the Act' for brevity), are directed against the order dated 12.12.2013 passed by the Income Tax Appellate Tribunal, Madras "A" Bench, ('the Tribunal' for brevity) in I.T.A.Nos.1975,1977 & 2289/Mds/2012 for the assessment years 2003-2004, 2008-2009, and 2009-2010. 2.

The appeals were admitted on the following substantial questions of law:- "1. Whether on the facts and in the circumstances of the case, the Tribunal is right in restoring the penalty under Sec.271(1) (c ), when the sworn statements recorded clearly show that the income was earned by the appellant's husband and invested in the name of the appellant?

2. Whether on the facts and in the circumstances of the case, the Tribunal is right in restoring the penalty under S.271(1) (c ), when the additions had been made only on the basis of the offer made by the appellant's husband in good faith and to avoid litigation?

3. Whether Explanation 5A to Sec.271(1) (c ) is applicable to a situation where there was no finding by the Department that the assessee was the owner of any money bullion, jewellery or other valuable investment etc., not disclosed to the Department; but additions were made only on the basis of offer by the assessee's husband?"

3. We have heard Mrs.Sri Niranjani, learned counsel for the appellant/assessee and Mrs.V.Pushpa, learned Senior Counsel for the respondent/Revenue.

4. It may not be necessary for this Court to decide the Substantial Questions 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.

5. We are informed by the learned counsel for the appellant/ assessee that the assessee had already been issued with Form-3 on 10.12.2020 and the learned counsel for the appellant seeks permission of this Court to withdraw the appeal.

6. In view of the submission made by the learned counsel for the appellant, the Tax Case Appeals stand dismissed as withdrawn. No costs.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar gv To

1. The Income Tax Appellate Tribunal, Madras "A" Bench 2.Asst. Commissioner of Income Tax Central Circle - 1 (2).

Chennai - 600 034.

3. The Commissioner of Income Tax (Appeals)-I, 46, M.G.Road, Nungambakkam, Chennai-34.

+1cc to M/s.Sri Niranjani, Advocate SR.No.27924 +1cc to Mr.M.Swaminathan, Advocate SR.No.27816 Tax Case Appeal Nos.707, 709 & 710 of 2015 SR II(CO) GMY(16/07/2021)