PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) - 4, MUMBAI Vs. INCOME TAX SETTLEMENT COMMISSION (ITSC) AND ORS.
LAWS(BOM)-2016-3-147
HIGH COURT OF BOMBAY
Decided on March 10,2016

Principal Commissioner Of Income Tax (Central) - 4, Mumbai Appellant
VERSUS
Income Tax Settlement Commission (Itsc) And Ors. Respondents

JUDGEMENT

- (1.) This Petition under Article 226 of the Constitution of India by the Revenue challenges the order dated 27.4.2015 passed under Sec. 245D (2C) of the Income -tax Act, 1961 (the Act) by the Income -tax Settlement Commission (Commission).
(2.) The grievance of the Petitioner is that the impugned order of the Commission under Sec. 245D(2C) of the Act has not rendered definite findings with regard to its contention that there has been failure on part of the Respondent Nos. 2 to 22 to make a full and true disclosure of (undisclosed) income. In the circumstances, the impugned order of the Commission ought to have declared the settlement applications of the Respondent Nos. 2 to 22 as 'invalid' rather than allow it to proceed further.
(3.) Mr. Singh, the learned counsel for the Revenue submits that in an identical fact situation, this Court in the Commissioner of Income -tax v/s. Income -tax Settlement Commission and Others : [2014] 365 ITR 87 (Bom) (No.2) (hereinafter called ITSC No. 2) set aside the order of the Commission passed under Sec. 245D(2C) of the Act and restored the applications for settlement for fresh consideration by the Commission for deciding its validity on consideration of Revenue's objections. In the above circumstances, it is submitted that the Petition be allowed and the Applications be restored to the Commission at the stage of Sec. 245D(2C) of the Act to decide on its validity after considering the Revenue's objections.;


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