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2016 (9) TMI 1466 - GUJARAT HIGH COURTSettlement commission order - order of said commission in exercise of writ jurisdiction keeping in view the scope of judicial review - additional incomes offered by the applicants were not disclosed before the Assessing Officer - Power to grant any waiver or reduction of interest chargeable under Sections 234A and 234C - Held that:- Having heard learned counsel appearing for the respective parties and having perused the orders passed by the learned Commission and having gone through the report submitted before the Settlement Commission, we found that the findings arrived at by the Commission is just and proper and the respondents have disclosed additional income in the spirit of settlement during the course of proceedings and therefore, in the absence of any nondisclosure deliberately on part of the respondent the Commission has exercised due discretion vested in law and therefore, such finding of fact does not deserve to be disturbed or substituted. From the record we found that the application submitted by the respondents have been dealtwith were within the schedule prescribed by the provision of law. A detailed procedure has been observed while exercising power under section 244D so much so that a report has also been examined thoroughly by the said Commission. During the course of hearing proper opportunity was also given to the respective parties and therefore, amount which have been determined by the said Commission are just and proper. The issue before the Court in the background of this fact is whether during the course of hearing even the amount which has been increased by way of additional disclosure whether can be entertained or considered by the Commission or not? Recently, if we recall that this very issue has been dealt with in detail and taking note of the decision delivered by this Court, in a group of petition which has considered the said issue in a decision delivered on 12.07.2016 it was found by the Court that if during the course of proceedings if the revised offers are being generated then in the nature of spirit of Settlement the same is permitted to be considered by the Commission. We are of the opinion that the order passed by the said Commission does not call for any interference
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