A.K.JAYASANKARAN NAMBIAR
Commissioner of Income Tax (Central), Kochi – Appellant
Versus
Settlement Commission (IT & WT), Chennai – Respondent
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
Ajmera Housing Corporation and Another v. Commissioner of Income-Tax – [2010 (326) ITR 642 (SC)]
Jyotendrasinhji v. S.I.Tripathi – [1993 (201) ITR 611 (SC)]
N.Krishnan v. Settlement Commission – [1989 (180) ITR 585 (Kar)]
Union of India and Others v. Ind-Swift Laboratories Limited – [(2011) 4 SCC 635]
Syed Yakoob v. K.S.Radhakrishnan and Others - [AIR 1964 SC 477]
Nirmala J. Jhala v. State of Gujarat and Another -[(2013) 4 SCC 301]
Kalinga Mining Corporation v. Union of India and Others - [(2013) 5 SCC 252]
Karnataka High Court in N.Krishnan (Decd. By legal representative, K.Badrinarayan
Commissioner of Income-Tax v. Anjum M. H. Ghaswala and Others – [2001 (252) ITR 1 (SC)]
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.