The High Court disposed of a tax appeal filed by the Revenue against a Tribunal order for AY 2014-15. Due to the assessee's pending declaration under the Vivad Se Vishwas Scheme, the appeal was adjourned with liberty to restore it if the settlement fails.
Appeal disposed with liberty to restore; questions of law left open.
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 : 19.1.2021 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MS.JUSTICE R.N.MANJULA Tax Case Appeal No.99 of 2020
The Commissioner of Income Tax, Non Corporate Circle 10(1), Chennai
...Appellant
Vs Shri Ramautar Agarwal ...Respondent
APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 16.9.2019 passed by the Income Tax Appellate Tribunal, 'B' Bench, Chennai made in I.T.A.No.211/Chny/2019 for the assessment year 2014-15.
Appeal filed against the order passed by the Commissioner of Income-Tax(A) Chennai-34 dated 28/12/2018 made in ITA.No.146/CIT (A)12/2016-2017, and against the Assessment order passed by the Assistant Commissioner of Income Tax, Non Corporate Circle-10 (1), Chennai, dated 30/12/2016 made in PAN AADPR0951N.
For Appellant: Mr.M.Swaminathan, SSC assisted by Ms.V.Pushpa, JSC For Respondent: Mr.A.S.Sriraman
Judgment was delivered by T.S.SIVAGNANAM,J
This appeal has been filed by the Revenue under Section 260A of the Income Tax Act, 1961 ('the Act' for brevity) challenging the order dated 16.9.2019 made in I.T.A.No.211/Chny/2019 on the file of the Income Tax Appellate Tribunal, Chennai, 'B' Bench ('the Tribunal' for brevity) for the assessment year 2014-15.
“1. Whether the Income Tax Appellate Tribunal was right and justified in setting aside the order passed by the Assessing Officer to re-examine the matter when the Assessing Officer has already duly examined the matter before passing the assessment order? And 2. Whether the Income
Tax Appellate Tribunal was right in justified in remitting the issue back to the file of the Assessing Officer and shifting the onus to the Revenue with a direction that the Assessing Officer shall bring on record the role of the assessee in promoting the company and the relationship of the assessee, if any with the promoters, role of the assessee in inflating the price of shares etc. ?”
-s/dAssistant Registrar
True Copy Sub-Assistant Registrar
rs
To
1.The Income Tax Appellate Tribunal, 'B' Bench, Chennai.
2.The Commissioner of Income Tax(A) Chennai
3.The Assistant Commissioner of Income Tax Non Commissioner of Income Tax, Non Corporate Circle-10(1), Chennai
+1 cc to Mr.M.Swaminathan Advocate sr2445
TCA.No.99 of 2020
ev(co)
aa10/02/2021
3 issues framed by the court
Whether the Tribunal erred in remitting the issue back to the file of the Assessing Officer?
Whether the Tribunal was justified in shifting the onus to Revenue regarding the examiner role and relationship with promoters?
Whether to restore the pending appeal if the assessee's declaration under the Vivad Se Vishwas Scheme is not successful?
2 provisions across 2 enactments
Commissioner of Income Tax, Non Corporate Circle 10(1), Chennai
Shri Ramautar Agarwal
T.S.SIVAGNANAM
R.N.MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
