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R. MAHADEVAN, J. SATHYA NARAYANA PRASAD
Lion Dates Impex (P) Ltd. , rep. by its Managing Director P. Ponnudurai, Chennai – Appellant
Versus
Chairman Income Tax Settlement Commission Principal Bench, New Delhi – Respondent
JUDGMENT
(Prayer: Appeal filed under Clause 15 of Letters Patent against the Order dated 03.09.2021 passed in W.P. No. 36950 of 2016 on the file of this Court.)
R. Mahadevan, J.
Questioning the validity and/or correctness of the order dated 03.09.2021 passed by the learned Judge in W.P. No. 36950 of 2016, the appellant / writ petitioner has preferred this writ appeal before this court.
2. The case projected by the appellant before the Writ Court is as follows:
2.1. The Managing Director of the appellant company along with his wife are engaged in the business of purchase and sale of dates, oats and honey as also manufacture of syrups, jams and squash under the brand -Lion dates-. According to the appellant, they are regularly filing the returns of income along with tax audit report as required under Section 44AB of the Income Tax Act, 1961 (in short, “the Act”). While so, on 17.07.2013, search under Section 132 of the Act was conducted in various premises of the appellant, inclusive of the residences of the Directors. At the time of search, two sworn statements were recorded under Section 132 of the Act by two different officers of the investigation wing. Subsequently, on
The Settlement Commission's order was passed in violation of the principles of natural justice and against the procedures prescribed under the Act. The Interim Board has the authority to entertain th....
Eligibility for settlement applications under the Income Tax Act must align with statutory definitions, invalidating any additional conditions imposed by the CBDT.
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 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.
: Assessment – In an application under S.245C of Act, for settlement of applicant's income-tax case, there should be disclosure of income not earlier disclosed before the Assessing Officer
The court affirmed that the Settlement Commission's findings are conclusive unless there are grave procedural defects, emphasizing the limited scope of judicial review over such orders.
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