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2016 Supreme(Guj) 1621

AKIL ABDUL HAMID KURESHI, A.J.SHASTRI
Amrapali Fincap Limited – Appellant
Versus
Vice Chairman/Members/Secretary-Income Tax Settlement Commission – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.K. Patel, B.D. Karia, Darshan R. Patel

JUDGMENT :

Akil Abdul Hamid Kureshi, J.

1. These petitions, barring few minor differences, arise in similar background. They have been heard together and would be disposed of by this common judgment.

2. We may notice facts from Special Civil Application No. 9990 of 2016. The petitioner is a company registered under the Companies Act and is engaged in the business of bulian trading, commodity trading, real estate, share broking and other businesses. The petitioner has challenged an order dated 31.05.2016 passed by the Settlement Commission under Section 245D(4) of the Income Tax Act, 1961 ['the Act' for short].

3. On 26.10.2012, search and seizure operation under Section 132 of the Act was carried out in case of the petitioner. This led to notices under Section 153A of the Act when issued on 06.03.2013, the petitioner filed return in response to such notice on 09.04.2013. Search and survey operations were carried out in case of one Shri Sirish C Shah ['S.C. Shah' for short] and others at Mumbai. On 01.10.2014, the Assessing Officer issued notice under Section 142(1) of the Act. On 11.11.2014, the petitioner applied for settlement by filing application for settlement of the cases for the
















































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