- (1.) The issues involved in the three writ petitions, being Writ Petition Nos. 341, 344 and 345 of 2011, being identical, the three writ petitions were heard together and are now being disposed of by this common judgment and order. These writ petitions have been filed by the Revenue challenging orders dated 11th August, 2010 passed by the Income Tax Settlement Commission under section 245D(2C) of the Income Tax Act, 1961 inter alia holding that the settlement applications filed by the respective private respondents in the three writ applications were not invalid.
(2.) On 29th June, 2010, the respective private respondents in the three writ petitions, which are collectively referred to as Outotec Group, filed settlement applications dated 28th June, 2010 under Section 245C of the Income Tax Act, 1961 before the Income Tax Settlement Commission in respect of the Assessment Years 2004-2005 onwards.
(3.) By three several orders, all dated 2nd July, 2010, the Settlement Commission allowed the applications to be proceeded with. Thereafter, the Settlement Commission forwarded the settlement applications to the Director of Income Tax (International Taxation) under cover of letters dated 6th July, 2010 and called for report under section 245D (2B) of the Income Tax Act.;