The Commissioner of Income-tax, Chennai v. Hyundai Motor India Ltd
[Citation -2020-LL-0706-20]

Citation 2020-LL-0706-20
Appellant Name The Commissioner of Income-tax, Chennai
Respondent Name Hyundai Motor India Ltd.
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 06/07/2020
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags extension of stay
Bot Summary: Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 07.2.2014 made in S.P.No. 2157/Mds/ 2011 on the file of the Income Tax Appellate Tribunal, Chennai 'B' Bench for the assessment year 2007-08. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 07.2.2014 made in S.P.No. 2157/Mds/2011 on the file of the Income Tax Appellate Tribunal, Chennai 'B' Bench for the assessment year 2007-08. The appeal has been admitted on 24.11.2015 on the following substantial questions of law : i. Whether, on the facts and in the circumstances of the case, the Tribunal was right in extending the stay beyond the period of 365 days which is contrary to the Third Proviso stated in Section 254(2A) of the Income Tax Act, 1961 ii. The learned Senior Standing Counsel appearing for the Revenue submit that the main appeal itself had already been disposed of by the Tribunal. Accordingly, the above tax case appeal is closed leaving the substantial questions of law framed for consideration to be agitated in any other proceedings, if the respondent assessee or any other assessee deems it appropriate.


TCA.No.962 of 2015 In High Court of Judicature at Madras Dated : 06.7.2020 Coram : Honourable Mr.Justice T.S.SIVAGNANAM and Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.962 of 2015 Commissioner of Income Tax, Chennai ...Appellant Vs M/s.Hyundai Motor India Ltd., Irungattukottai, Sriperumbudur Taluk, Kanchipuram District. ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 07.2.2014 made in S.P.No.106/Mds/2013 in ITA.No.2157/Mds/ 2011 on file of Income Tax Appellate Tribunal, Chennai 'B' Bench for assessment year 2007-08. For Appellant: Mr.T.Ravikumar, SSC & Mrs.R.Hemalatha, SSC For Respondent: Mr.S.P.Chidambaram Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.T.Ravikumar and Mrs.R.Hemalatha learned Senior Standing Counsel appearing for appellant Revenue and Mr.S.P. 1/5 http://www.judis.nic.in TCA.No.962 of 2015 Chidambaram, learned counsel appearing for respondent. 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 (for short, Act) is directed against order dated 07.2.2014 made in S.P.No.106/Mds/2013 in ITA.No.2157/Mds/2011 on file of Income Tax Appellate Tribunal, Chennai 'B' Bench (for brevity, Tribunal) for assessment year 2007-08. 3. appeal has been admitted on 24.11.2015 on following substantial questions of law : i. Whether, on facts and in circumstances of case, Tribunal was right in extending stay beyond period of 365 days which is contrary to Third Proviso stated in Section 254(2A) of Income Tax Act, 1961 ? ii. Is not finding of Tribunal bad by extending stay for further period of 90 days on 07.2.2014 which would in aggregate amount to in all 506 days which is contrary to statutory provisions enunciated in Section 254(2A) Third Proviso ? And iii. Whether Tribunal has power to grant stay beyond 365 days in aggregate especially when Third Proviso to Section 254(2A) clearly indicates that if appeal is not disposed of within period allowed, then order of stay shall stand vacated ? 2/5 http://www.judis.nic.in TCA.No.962 of 2015 3/5 http://www.judis.nic.in TCA.No.962 of 2015 4. learned Senior Standing Counsel appearing for Revenue submit that main appeal itself had already been disposed of by Tribunal. 5. said submission of learned Senior Standing Counsel is recorded. 6. In view of subsequent development, which took place during pendency of this appeal, necessity to decide substantial questions of law framed for consideration would not arise, as issues have become academic. 7. Accordingly, above tax case appeal is closed leaving substantial questions of law framed for consideration to be agitated in any other proceedings, if respondent assessee or any other assessee deems it appropriate. No costs. 06.7.2020 To Income Tax Appellate Tribunal, Chennai 'B' Bench. RS 4/5 http://www.judis.nic.in TCA.No.962 of 2015 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS TCA.No.962 of 2015 06.7.2020 5/5 http://www.judis.nic.in Commissioner of Income-tax, Chennai v. Hyundai Motor India Ltd
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