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2018 (7) TMI 49 - GUJARAT HIGH COURTMaintainability of the settlement application - delayed proceedings - admitted tax was not paid on the disclosed income - Held that:- If the proceedings were delayed due to the reasons attributable to the applicants, the provision for abatement would apply but not otherwise. The Settlement Commission has not recorded any such finding. The department has not brought any facts to our notice to permit any further inquiry in this respect by the Settlement Commission. In plain terms therefore there is no material before us to hold that the application for settlement of the present petitioners were belated due to the reasons attributable to the petitioners - The declaration of abatement of the proceedings in case of the present petitioner is also set-aside. Coming to the question of inadequacy of the tax deposited by the assessee; as noted, the Settlement Commission has not cited any reasons for coming to such a conclusion. We have noticed that both the sides have placed materials in support of their rival contentions. We request the Settlement Commission to examine such material and come to a conclusion – whether the assessee had deposited the tax or was short in doing so. For such purpose, we would place the matter back before the Settlement Commission. Request the Settlement Commission to examine the implication of the judgment of Supreme Court in the case of Ajmera Housing Corporation & Anr.[2010 (8) TMI 35 - SUPREME COURT OF INDIA] in light of th fact that the assessee’s initial disclosure was for ₹ 75.78 lakhs and further disclosures made nearly four years later were of additional sum of ₹ 97 lakhs.
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