TCA.364/2020 COMMISSIONER OF INCOME TAX Vs. SHRI VIPUL MUNOTH Dated : 24/11/2020 Hon`ble Mr Justice T. S. SIVAGNANAM

This Tax Case Appeal, filed by the Commissioner of Income Tax, challenges an order from the Income Tax Appellate Tribunal concerning assessment year 2015-16. The Revenue questioned the Tribunal's decision to set aside the Assessing Officer's order and remit the matter back for re-examination. Specifically, the appeal questioned whether the Tribunal was justified in shifting the onus to the Revenue to prove the assessee's role in promoting a company and inflating share prices.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2020
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
Tax Case Appeal No.364 of 2020

The Commissioner of Income
Tax, Non Corporate Ward 10(5),
Chennai ...Appellant

Vs

Shri Vipul Munoth ...Respondent

APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 06.12.2019 passed by the Income Tax Appellate Tribunal, Madras 'A' Bench, Chennai made in I.T.A.No.3519/Chny/2018 for the assessment year 2015-16.

For Appellant: Mr.M.Swaminathan, SSC
For Respondent: Mr.P.Hari

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 06.12.2019 made in I.T.A.No.3519/Chny/2018 on the file of the Income Tax Appellate Tribunal, Chennai, 'A' Bench ('the Tribunal' for brevity) for the assessment year 2015-16.

2. The above appeal has been admitted on 15.10.2020 on the following substantial questions of law:

“i. 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

ii. Whether the Income Tax Appellate Tribunal was right and 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.?”

To know more in details find the attachment file