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G. S. KULKARNI, SOMASEKHAR SUNDARESAN
Vishwakarma Developers – Appellant
Versus
Central Board of Direct Taxes through Secretary (Revenue), New Delhi – Respondent
JUDGMENT :
G.S. KULKARNI, J.
1. Rule. Rule made returnable forthwith. Respondents waives service. By consent of the parties, heard finally.
2. This Writ Petition under Article 226 of the Constitution of India although has prayed for number of reliefs, the only reliefs being pressed by Mr. Naniwadekar, learned Counsel for the Petitioner are Prayer Clauses (c) & (d), which read thus:
(d) Issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate Writ, order or direction under Article 226 of the Constitution of India, directing Respondent No. 2 to proceed with the adjudication and consideration of the Petitioner’s Settlement Application dated 25 March 2021 bearing No. MH/PUCC/097/2020-21
The court established that the CBDT cannot impose additional eligibility conditions for settlement applications beyond what is prescribed in the Income Tax Act.
Eligibility for settlement applications under the Income Tax Act must align with statutory definitions, invalidating any additional conditions imposed by the CBDT.
Retrospective amendments cannot affect vested rights, and valid applications filed before such amendments remain enforceable.
The court established that amendments to the Income Tax Act cannot retroactively invalidate applications filed before the effective date of the amendments, preserving the rights of assessees.
The court emphasized the exclusive jurisdiction of the Interim Board over settlement applications filed after 31.01.2021 and the impact of circulars issued by the CBDT in determining the validity of ....
The court established that rights to file settlement applications under the Income Tax Act remain valid if the search occurred before the abolition of the Settlement Commission.
: Assessment – In an application under S.245C of Act, for settlement of applicant's income-tax case, there should be disclosure of income not earlier disclosed before the Assessing Officer
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