JUDGMENT

Rajiv Sahai Endlaw, J. - The petition impugns the order dated 4th November, 2019 for the assessment year 2018-19, under Section 271DA of the Income Tax Act, 1961 ("Act"), imposing penalty on the petitioner in the sum of Rs.14,27,96,270/-.

2. The petition came up first before this Court on 10th January, 2020, when on the contention of the counsel for the petitioner that the order dated 4 th November, 2019 imposing penalty was passed after the petitioner had made an application before the Settlement Commission under Section 245C of the Act on 1st November, 2019, under intimation to the Assessing Officer, the petition was entertained, counter affidavit directed to be filed and the order imposing penalty was stayed; it was however clarified that the proceedings before the Settlement Commission shall go on, uninfluenced by the pendency of this petition.

3. No counter affidavit has been filed inspite of two opportunities. The counsel for the respondent states that a counter affidavit has been filed but has not come on record. The counsel for the petitioner states that he has received advance copy of the same. The counsel for the respondent draws attention to CM No.34968/2020 filed