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2014 Supreme(Ker) 628

A.K.JAYASANKARAN NAMBIAR
Commissioner of Income Tax (Central), Kochi – Appellant
Versus
Settlement Commission (IT & WT), Chennai – Respondent


Advocates Appeared:
For the Petitioner: P.K.R. Menon, Sr. Counsel, GOI, (Taxes), Jose Joseph, SC, for Income Tax.
For the Respondents:R1 - R2, Abhishek Manu Singvi, Sr. Counsel, A. Kumar, G. Mini (1748), P.S. Sree Prasad, P.J. Anilkumar, Advocates.

Judgment :

1. As these writ petitions involve a common issue, they are taken up together for consideration and disposed by this common judgment.

2. The Commissioner of Income Tax (Central), Cochin is the petitioner in all the writ petitions, which impugn the common order dated 05.08.2013 of the Income Tax Settlement Commission, Chennai (hereinafter referred to as the 'Settlement Commission'), accepting the settlement applications preferred by (i) Sri.P.A.Jose, (ii) Smt.P.P.Alphonsa, (iii) Josco Gold Corporation Pvt. Ltd. and (iv) Josco Jewellers (P) Limited (hereinafter referred to as the 'assessees'), and granting the said applicants immunity from penalty and prosecution under the Income Tax Act.

3. The brief facts, that are necessary for a disposal of the writ petitions, are as follows;

Pursuant to a search conducted by the Income Tax authorities, between 21.03.2012 and 20.07.2012, in the premises of the assessees, notices under Section 153A of the Income Tax Act (hereinafter referred to as the 'IT Act'), were issued to them on 29.11.2012. The assessees are stated to have filed returns of income, for the period covered by the notices issued to them, on 15.03.2013, by declaring th































































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