COMMISSIONER OF INCOME TAX, CHENNAI Vs. RIKHABCHAND VINOD KUMAR
LAWS(MAD)-2020-11-152
HIGH COURT OF MADRAS
Decided on November 05,2020

COMMISSIONER OF INCOME TAX, CHENNAI Appellant
VERSUS
Rikhabchand Vinod Kumar Respondents

JUDGEMENT

T.S.SIVAGNANAM, J. - (1.) This appeal has been filed by the Revenue under Section 260 A of the Income Tax Act, 1961 ('the Act' for brevity), is directed against the order dated 20.11.2019 passed by the Income Tax Appellate Tribunal, Madras 'D' Bench, Chennai ('the Tribunal' for brevity) in I.T.A.No.2146/Chny/2019 for the Assessment Year 2015-16. This appeal was admitted on 09.10.2020 on the following Substantial Questions of Law: 1.Whether on the facts and in the circumstances of the case, the Tribunal was right in setting aside the order passed by the Assessing officer for re-examination, especially when the Assessing Officer had duly examined the matter while passing the assessment order? 2. Whether on the facts and in the circumstances of the case, the Tribunal was right in remitting the issue back to the file of the Assessing Officer by quoting the decision in the case of Kanhaiyal and Sons (HUF) in ITA.No.1849/Chny/2014 Sunil Kumar Lalwani and that Aashesh Kumar Lalwani wherein the onus has been shifted to the Revenue with a direction that the Assessing Officer is to bring on record the role of the Assessee in promoting the Company and the relation of the Assessee, if any with that of the promoters and role of inflating of prices etc., which exercise had already been done by the Assessing Officer and SEBI? And 3. Is not the finding of the Tribunal perverse especially when the decision of the Tribunal is contrary to the time tested principle that the person, who asserts a fact has to discharge the initial burden cast upon him to show that the said facts are true and only thereafter the burden would shift to the department?
(2.) We have heard Mr.T.Ravikumar, learned Senior Standing counsel for the appellant/Revenue and Mr.Ashokpathi, learned counsel for M/s.Pass Associates for the the respondent/assessee.
(3.) 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 17 th March 2020 and published in the Gazette of India on 17 th March 2020.;


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