In a tax case appeal filed under Section 260A regarding undisclosed income, the appeal was withdrawn by the appellant after the enactment of the Direct Tax Vivad Se Vishwas Act, 2020. The court dismissed the withdrawal motion, resulting in the dismissal of the appeal. No costs were awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY AND
THE HON'BLE MRS.JUSTICE T.V. THAMILSELVI
Tax Case Appeal No.423 of 2009
The Joint Commissioner of Income Tax, Central Circle II (4), 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, “B” Bench, Chennai dated 24.04.2008 passed in I.T. (SS).A.No.51/Mds/07,.
Appeal filed against the order of the Commissioner of Income Tax (Appeals)-II, Chennai 46, Mahatma Gandhi Salai, Nungambakkam Chennai-34, dated 21/12/2006 CIT /(A)/CHE/22/06-07. G.I.No.P.A.No.AAFPB2872E and against the Joint Commissioner of Income Tax Central Circle-II(4) Chennai-600 034 dated 29/03/2006 PAN No/G.I.No.24706-R/AAFPB 2872 E for the Assessment Year 199798 to 2002-03 and 01/04/2002 to 15/11/2002.
For Appellant : Mr.G.Baskar
For Respondent : Mr.T.R.Senthil Kumar,
Senior Standing Counsel
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 24.04.2008 passed by the Income Tax Appellate Tribunal, “B” Bench, Chennai ('the Tribunal' for brevity) in I.T.(SS).A.No.51/Mds/07 for the Block Assessment Period 01.04.1996 to 15.11.2002. The appeal was admitted on 29.06.2009 on the following Substantial Questions of Law:
“ 1) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in not holding that the cash payment made by the appellant for purchase of property at Shanthi Colony was to be assessed as undisclosed income within the meaning of Section 158B (b) of the Income Tax Act, 1961?
2)Whether on the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in law in relying on erroneous entry made in the books of accounts of the appellant, which was not found at the time of search and treating the payment of case as undisclosed income without appreciating the corroborative evidences and explanations offered by the appellant to explain the sources for the investment made by the appellant?”
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
va
To
1. Income Tax Appellate Tribunal,
Chennai “B” Bench.
2.The Joint Commissioner of Income Tax,
Central Circle II (4),
Chennai – 600 034.
3.The Commissioner of Income Tax,
Chennai-34.
+1cc to Mr.G.Baskar, Advocate Sr.3867
+1cc to Mr.T.R.Senthilkumar, Advocate Sr.3657
Tax Case Appeal No.423 of 2009
ad[co]
srg 09/02/2021
1 provisions across 1 enactments
The Joint Commissioner of Income Tax
The Assessee
M. Duraigswamy
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
