JUDGEMENT
KURIAN,J. -
(1.) Leave granted.
(2.) The surviving grievance is only with regard to the immunity from prosecution under Section 245H (1A)
of the Income Tax Act, 1961 (for short, 'the said
Act'), which reads as follows:
"245H (1A) An immunity granted to a person under sub-section (1) shall stand withdrawn if such person fails to pay any sum specified in the order of settlement passed under sub-section (4) of Section 245D within the time specified in such order or within such further time as may be allowed by the Settlement Commission, or fails to comply with any other condition subject to which the immunity was granted and thereupon the provisions of this Act shall apply as if such immunity had not been granted."
(3.) In case the payments are not made within the time granted by the Settlement Commissioner or in case the
person fails to comply with any other conditions,
subject to which the immunity was granted, the
immunity shall stand withdrawn. In the case of the
appellant it is not in dispute that the payments have
not been made within the time originally granted by
the Settlement Commissioner. But at the same time,
it is not in dispute that all payments have been made
before the appellant approached this Court and filed
this appeal by way of special leave petition on
20.01.2016, though the time originally granted by the Settlement Commissioner was only up to 31.07.2015.;
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