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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, P.M.MANOJ
Union Of India – Appellant
Versus
Aayana Charitable Trust – Respondent
| Table of Content |
|---|
| 1. writ petitions filed by assessees against rejection of settlement applications under the i.t. act. (Para 2 , 4) |
| 2. contentions from both sides regarding statutory interpretations and eligibility for settlement. (Para 5 , 6) |
| 3. court's findings on the interpretation of statutory provisions and eligibility conditions. (Para 8 , 9 , 10 , 11 , 12) |
| 4. court's ruling on the invalidity of additional conditions imposed by the cbdt. (Para 13 , 14 , 15) |
JUDGMENT :
Dr. A.K. Jayasankaran Nambiar, J.
These Writ Appeals preferred by the Revenue impugn the common judgment dated 22.08.2024 of a learned Single Judge in the writ petitions.
The brief facts:
2. The writ petitions in question were filed by assessees under the Income Tax Act, 1961 [hereinafter referred to as the “I.T. Act”], aggrieved by the order of the Interim Board for Settlement that rejected the applications preferred by them for settlement of their cases in accordance with the provisions of Chapter XIX-A of the I.T. Act. The reason cited by the Interim Board for Settlement for rejecting the applications was that, although the applications for settlement had been filed on or before 30.09.2021, which was the last date for
Eligibility for settlement applications under the Income Tax Act must align with statutory definitions, invalidating any additional conditions imposed by the CBDT.
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.
The court established that the CBDT cannot impose additional eligibility conditions for settlement applications beyond what is prescribed in the Income Tax Act.
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.
Retrospective amendments cannot affect vested rights, and valid applications filed before such amendments remain enforceable.
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 Settlement Commission cannot waive or reduce mandatory interest obligations under the Income Tax Act, with interest on undisclosed income calculated from the due tax payment date until the Commis....
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