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S. SUNIL DUTT YADAV
PR. Commissioner Of Income Tax, Bengaluru – Appellant
Versus
Umah Agarwal – Respondent
ORDER :
(S. Sunil Dutt Yadav, J.) :
The present petition is filed by the Revenue seeking for setting aside of the order passed by the Settlement Commission dated 11.03.2020 at Annexure-'D' whereby application of the petitioner for settlement under Section 245C of the Income Tax Act, 1961 for the Assessment Years 2012-2013 to 2019-2020 was accepted and it was ordered that the additional income offered of Rs.2,20,00,000/- was reasonable and fair, immunity
from penalty and prosecution was also ordered, however interest under Section 234A, 234B and 234C was to be levied by applying provision of Section 234B (2A) of the Act.
2. The Revenue being aggrieved by the order of the Settlement Commission and in light of finality to the order of the Settlement Commission in terms of Section 245-I has approached this Court and invoked the writ jurisdiction to assail the order of the Settlement Commission.
3. The petitioner had filed an application under Section 235C of the Act on 18.11.2019 seeking settlement for the Assessment Years 2012-2013 to 2019-2020. In terms of the procedure under Section 245D(1) of the Act, the application was permitted to be proceeded with by order dated 25.11.2019.
4. It i
The Settlement Commission's orders are conclusive and can only be challenged on limited procedural grounds, emphasizing the importance of adherence to statutory provisions.
The court affirmed that the Settlement Commission's findings are conclusive unless there are grave procedural defects, emphasizing the limited scope of judicial review over such orders.
Court in exercise of its constitutional jurisdiction under Article 226 of the Constitution of India cannot substitute the findings of the Income Tax Settlement Commission with its own findings and co....
The Settlement Commission's acceptance of additional income was upheld as just and proper, with the court affirming that the petitioner failed to provide evidence contradicting the respondent's claim....
The main legal point established in the judgment is the Settlement Commission's authority to consider undisclosed income and loans not found during the search operation, and the treatment of loans as....
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