Madras High Court

WP/37767/2026 of M/s. Madstreet Den Technologies Private Limited Vs Deputy Commissioner of Income Tax on 29 September 2026

Cites 0, Cited by 0

WP No. 37767 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY

WP No. 37767 of 2026

and W.M.P. No.42415 of 2026

CNR: {HCMA012208132026}

M/s. Madstreet Den Technologies Private

Limited Rep by its Director

Mr.Anand Chandrasekaran

No 45 3rd Street Abhiramapuram

Chennai 600 018 Tamil Nadu

PAN AALCM1398P

..Petitioner

Vs

1. Deputy Commissioner of Income Tax

Corp Circle 4(1) Chennai,

Room No. 430, Ponni Block IV Floor,

121 Mahatma Gandhi Road,

Nungambakkam, Chennai 34.

2. Assessment Unit

Income Tax Department

Ministry of Finance

Government of India

New Delhi

..Respondents

Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records of the 1st Respondent in DIN and Order No. ITBA/PNL/F/

270AA/2026-27/ 1091707087(1) and quash the order dt.31.07.2026

passed therein and further direct the 1st Respondent to grant immunity to the Petitioner under Sec.270AA of the Act.

WP No. 37767 of 2026

For Petitioner:

Ms.Hema Muralikrishnan

For Respondents:

Ms.S.Premalatha,

Senior Standing Counsel (I.T.)

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER

An order dated 31.07.2026 rejecting the petitioner's application for waiver in respect of penalty proceedings under Section 270A of the Income Tax Act, 1961 is challenged in this writ petition.

2. Referring to the assessment order under Section 143(3), learned counsel for the petitioner points out that the total assessed income thereunder is mentioned as Nil. In those circumstances, she submits that an application for waiver was filed under Section 270AA and that the petitioner fulfilled all conditions relating thereto. In spite of doing so, she submits that the application was rejected for failure to fulfill the mandatory conditions.

3. Ms.S.Premalatha, learned Senior Standing Counsel, accepts notice for both the respondents.

4. On perusal of the impugned order, it is noticeable that said order does not set out any reasons for the conclusion that the mandatory conditions prescribed in Section 270AA were not fulfilled by the petitioner. Hence, the said order is unsustainable and is hereby set aside. As a consequence, the matter is remanded for reconsideration of the petitioner's application for immunity from penalty. After providing a

WP No. 37767 of 2026

reasonable opportunity to the petitioner, a fresh order shall be issued within three months from the date of receipt of a copy of this order. Until such time, the penalty proceedings shall not be proceeded with.

5. The writ petition is disposed of on the above terms. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 29.09.2026 Index: Yes/No Neutral Citation: Yes/No mmi To

1. Deputy Commissioner of Income Tax Corp Circle 4(1) Chennai, Room No. 430, Ponni Block IV Floor, 121 Mahatma Gandhi Road, Nungambakkam, Chennai 34.

2. The Assessment Unit Income Tax Department Ministry of Finance Government of India New Delhi

WP No. 37767 of 2026

SENTHILKUMAR RAMAMOORTHY, J. mmi WP No. 37767 of 2026 29.09.2026

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead