COLLECTOR OF INCOME TAX Vs. HINDUSTAN BULK CARRIERS
LAWS(SC)-2002-12-37
SUPREME COURT OF INDIA
Decided on
December 17,2002
COMMISSIONER OF INCOME TAX,COMMISSIONER OF INCOME TAX, MUMBAI
Appellant
VERSUS
HINDUSTAN BULK CARRIERS,DAMAN BROTHERS
Respondents
Referred Judgements :-
COMMISSIONER OF INCOME TAX DELHI VS. S TEJA SINGH [REFERRED]GURSAHAI SAIGAL IN ALL APPEALS VS. COMMISSIONER OF I T PUNJAB IN ALL APPEALS [REFERRED]
MOHAN KUMAR SINGHANIA MAHESH D PATHAK NITIN D WAKANKAR NAVNEET GOEL S VENKATESWAR DINESH KUMAR SINGH ROHIT CHOUDHARY ANIL KANT R MANJUNATHASWAMY ARUN KUMAR RAY VS. UNION OF INDIA [REFERRED]
R S RAGHUNATH VS. STATE OF KARNATAKA [REFERRED]
SULTANA BEGUM VS. PREM CHAND JAIN [REFERRED]
COMMISSIONER OF INCOME TAX MUMBAI VS. ANJUM M H GHASWALA [REFERRED]
Cited Judgements :-
AMIT INDUSTRIES VS. UNION OF INDIA AND OTHERS [LAWS(P&H)-2012-1-855] [REFERRED]SURESH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2021-12-73] [REFERRED TO]
SIDHARTH VS. KANTA BAT [LAWS(MPH)-2006-11-49] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. SANT RAM MANGAT RAM JEEWELLERS [LAWS(SC)-2003-1-39] [REFERRED TO]
DHARAMSHEELA KUMARI VS. HEMANT KUMAR [LAWS(PAT)-2021-6-120] [REFERRED TO]
TAMMANNA VS. RENUKA [LAWS(KAR)-2009-3-14] [REFERRED TO]
NANJAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2023-3-316] [REFERRED TO]
HINDUSTAN UNILEVER LIMITED VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-5-50] [REFERRED TO]
INCOME TAX SETTLEMENT COMMISSION VS. NETAI CHANDRA RARHI & CO. [LAWS(CAL)-2004-8-67] [REFERRED TO]
Smriti Properties Pvt LTD VS. Settlement Commission [LAWS(CAL)-2004-9-32] [REFERRED TO]
Smriti Properties Pvt LTD VS. Settlement Commission [LAWS(CAL)-2004-9-32] [REFERRED TO]
BRAJPAL SINGH VS. KALYAN SINGH [LAWS(ALL)-2020-3-76] [REFERRED TO]
STATE OF U P AND 2 OTHERS VS. NATIONAL HUMAN RIGHTS COMMISISON [LAWS(ALL)-2019-2-4] [REFERRED TO]
DIRECTOR OF INCOME TAX VS. MAERSK CO. LTD [LAWS(UTN)-2011-4-9] [REFERRED TO]
SAVINA PARK RESORTS AND TOURS PVT LTD VS. STATE OF M P [LAWS(MPH)-2012-2-95] [REFERRED TO]
ANDREW NETTIKKADAN VS. ASSISTANT COMMISSIONER OF INCOME TAX [LAWS(KER)-2003-11-100] [REFERRED TO]
NAGENDRA SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2021-9-93] [REFERRED TO]
JHINKA DEVI VS. STATE OF U.P. [LAWS(ALL)-2022-5-122] [REFERRED TO]
ASHWANI DHINGRA VS. ADDL COMMISSIONER OF INCOME TAX AND ANOTHER [LAWS(ALL)-2013-12-262] [REFERRED]
SAHITYA MUDRANALAYA VS. INCOME TAX SETTLEMENT COMMISSION [LAWS(GJH)-2008-3-21] [REFERRED TO]
RANA VIJENDRA PRATAP SINGH VS. STATE OF U P AND 5 OTHERS [LAWS(ALL)-2019-1-63] [REFERRED TO]
A.M.BHASKAR VS. STATE OF KARNATAKA [LAWS(KAR)-2013-7-11] [REFERRED TO]
NOVARTIS AG BASLE VS. ADDITIONAL COMMISSIONER OF INCOME-TAX [LAWS(BOM)-2006-9-275] [REFERRED TO]
SAHEED CAPT D K KHOLA COLLEGE OF EDUCATION VS. NATIONAL COUNCIL FOR TEACHER EDUCATION [LAWS(DLH)-2011-4-24] [REFERRED TO]
COMMISSIONER OF INCOME TAX MADURAI VS. SREE AYYANAR SPINNING AND WEAVING MILLS LTD [LAWS(MAD)-2006-12-185] [REFERRED TO]
COMMISSIONER OF INCOME-TAX VS. SETTLEMENT COMMISSION [LAWS(KER)-2008-9-68] [REFERRED TO]
COMMISSIONER OF INCOME TAX MUMBAI VS. DAMANI BROTHERS [LAWS(SC)-2002-12-114] [REFERRED]
GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY VS. NAINCY SAGAR [LAWS(DLH)-2019-11-118] [REFERRED TO]
MAHAVIR ROLLING MILLS PVT LTD VS. INCOME TAX SETTLEMENT COMMISSION [LAWS(GJH)-2009-8-370] [REFERRED TO]
SHANTIDEVI AGRAWAL VS. UNION OF INDIA [LAWS(CHH)-2018-7-232] [REFERRED TO]
MD.AMMANUALLAH GHOURI VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2013-1-11] [REFERRED TO]
ARORA FIBERS LTD VS. UNION OF INDIA [LAWS(BOM)-2009-8-88] [REFERRED TO]
SUKHMANI ASSOCIATES (P) LTD. VS. INCOME TAX SETTLEMENT COMMISSION [LAWS(DLH)-2004-4-110] [REFERRED TO]
VATIKA FAEMS PRIVET LID VS. UNION OF INDIA [LAWS(DLH)-2007-12-99] [REFERRED TO]
ATMARAM YADAV VS. STATE OF U. P. [LAWS(ALL)-2022-6-90] [REFERRED TO]
S.JEEVANA VS. STATE OF TAMIL NADU [LAWS(MAD)-2020-9-142] [REFERRED TO]
BRIJ LAL VS. COMMISSIONER OF INCOME TAX JALANDHAR [LAWS(SC)-2010-10-12] [REFERRED TO]
UNION OF INDIA VS. L SUBRAMANIAN [LAWS(MAD)-2018-8-985] [REFERRED TO]
KALPATARU POWER TRANSMISSION LTD VS. STATE OF RAJASTHAN; RAJASTHAN RENEWABLE ENERGY CORPORATION LTD; RAJASTHAN STATE GANGANAGAR SUGAR MILLS LTD ; DY GENERAL MANAGER, RAJASTHAN STATE GANGANAGAR SUGAR MILLS LTD; STATE LEVEL EMPOWERED COMMITTEE [LAWS(RAJ)-2016-9-85] [REFERRED]
KALYAN DOMBIVALI MUNICIPAL CORPORATION VS. SANJAY GAJANAN GHARAT [LAWS(SC)-2022-3-98] [REFERRED TO]
SANJAY RAMDAS PATIL VS. SANJAY AND OTHERS [LAWS(SC)-2021-9-1] [REFERRED TO]
INDORE DEVELOPMENT AUTHORITY VS. SHAILENDRA [LAWS(SC)-2018-2-88] [REFERRED TO]
ARSHAD SON OF LATE AINUL HAQUE ANSARI VS. STATE OF BIHAR [LAWS(PAT)-2015-12-131] [REFERRED]
RAMESH JOSHI VS. THE GOVERNMENT OF M.P. AND ORS. [LAWS(MPH)-2019-11-321] [REFERRED TO]
UNION OF INDIA VS. MALIAKKAL INDUSTRIAL ENTERPRISES [LAWS(KER)-2014-6-3] [REFERRED TO]
COMMISSIONER OF INCOME TAX-IV VS. M.A. JACOB & COMPANY [LAWS(MAD)-2020-9-420] [REFERRED TO]
COMMISSIONER VS. N. RAMESH [LAWS(MAD)-2023-4-71] [REFERRED TO]
LYKA LABS LTD VS. UNION OF INDIA [LAWS(GJH)-2011-7-88] [REFERRED TO]
MASARATH JAHAN BEGUM VS. MASOOD HASHIM ALI [LAWS(APH)-2010-10-85] [REFERRED TO]
MANJU AWASTHI VS. STATE OF U.P. [LAWS(ALL)-2012-11-11] [REFERRED TO]
DYANI ANTONY PAUL VS. UNION OF INDIA [LAWS(KAR)-2020-12-254] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. ROCA BATHROOM PRODUCTS PRIVATE LIMITED [LAWS(MAD)-2022-6-110] [REFERRED TO]
INCOME TAX OFFICER VS. VIKRAM SUJITKUMAR BHATIA [LAWS(SC)-2023-4-3] [REFERRED TO]
INDORE DEVELOPMENT AUTHORITY VS. MANOHARLAL ETC. [LAWS(SC)-2020-3-83] [REFERRED TO]
STANDARD CHARTERED BANK AND ORS VS. TOWERCOM INFRASTRUCTURE PVT LTD AND ORS [LAWS(NCLT)-2017-8-524] [REFERRED TO]
GODAWAT PAN MASALA PRODUCTS I P LIMITED VS. UNION OF INDIA [LAWS(SC)-2004-8-138] [REFERRED TO]
CALCUTTA HOWRAH AUTO RICKSHAWS OWNERS ASSOCIATION VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-3-4] [REFERRED TO]
BENGAL SREI INFRASTRUCTURE DEVELOPMENT & ORS. VS. UNION OF INDIA & ORS. [LAWS(CAL)-2017-9-1] [REFERRED TO]
MUKUT DAS VS. ASSAM POWER GENERATION CORPORATION LTD [LAWS(GAU)-2022-11-103] [REFERRED TO]
AOP OF SANJAYBHAI R PATEL VS. ASSESSING OFFICER [LAWS(GJH)-2004-1-30] [REFERRED TO]
RANA PARWEEN SIDDIQUI VS. UNION OF INDIA [LAWS(DLH)-2018-3-31] [REFERRED TO]
MANGALI IMPEX LTD VS. UNION OF INDIA AND ORS [LAWS(DLH)-2016-5-242] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. JINDAL EXPORTS LTD. [LAWS(DLH)-2009-2-214] [REFERRED TO]
ROSHANLAL S. JAIN VS. DEPUTY COMMISSIONER OF INCOME TAX [LAWS(GJH)-2008-9-171] [REFERRED TO]
KALANTHAR NAINA MOHAMMED VS. CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY [LAWS(MAD)-2010-9-487] [REFERRED TO]
CHOLAMANDALAM INVESTMENT VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-9-255] [REFERRED TO]
JUDGEMENT
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(1.)I have gone through the judgments rendered by Brother Pasayat, J. and Brother Dharmadhikari, J. I agree with the views expressed in those judgments. However, for clarifying the position with regard to payment of interest I would like to add as under :
As provided under section 245B of the Income Tax Act, 1961, (hereinafter referred to as the Act) the Central Government has constituted the Income Tax Settlement Commission for the settlement of cases. The word "case" has been defined under section 245A(b) of the Act to mean any proceeding under the Income Tax Act for the assessment or reassessment of any person in respect of any year or years and includes appeal or revision in connection with such assessment or reassessment, which may be pending before an income-tax authority on the date on which an application under sub-section (1) of section 245C is made. Section 245C(1) provides for an application by an assessee in a prescribed form containing a full and true disclosure of his income which has not been disclosed before the assessing officer and such other prescribed particulars for settlement of his case by the Settlement Commission.
(2.)Other requirements are that no such application could be made unless
(a) the assessee has furnished the return of income which he is or was required to furnish under any of the provisions of this Act; and
(b) the additional amount of income-tax payable on the income disclosed in the application exceeds (at present) one hundred thousand rupees.
(3.)The other relevant requirement which has a bearing on the question involved in these appeals is sub-section (1A) of section 245C, which provides that the additional amount of income-tax payable in respect of the income disclosed in an application should be the amount calculated in accordance with the provisions of sub-sections (1B) to (1D).
As provided under section 245B of the Income Tax Act, 1961, (hereinafter referred to as the Act) the Central Government has constituted the Income Tax Settlement Commission for the settlement of cases. The word "case" has been defined under section 245A(b) of the Act to mean any proceeding under the Income Tax Act for the assessment or reassessment of any person in respect of any year or years and includes appeal or revision in connection with such assessment or reassessment, which may be pending before an income-tax authority on the date on which an application under sub-section (1) of section 245C is made. Section 245C(1) provides for an application by an assessee in a prescribed form containing a full and true disclosure of his income which has not been disclosed before the assessing officer and such other prescribed particulars for settlement of his case by the Settlement Commission.
(2.)Other requirements are that no such application could be made unless
(a) the assessee has furnished the return of income which he is or was required to furnish under any of the provisions of this Act; and
(b) the additional amount of income-tax payable on the income disclosed in the application exceeds (at present) one hundred thousand rupees.
(3.)The other relevant requirement which has a bearing on the question involved in these appeals is sub-section (1A) of section 245C, which provides that the additional amount of income-tax payable in respect of the income disclosed in an application should be the amount calculated in accordance with the provisions of sub-sections (1B) to (1D).
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