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2020 (3) TMI 886 - MADRAS HIGH COURTSettlement commission order - Income Tax Settlement Commission, in exercise of their powers under Section 245F(1) read with Section 154 - waiver granted u/s 234A, no case for waiver of interest under Section 234B for any of the assessment years involved and the interest u/s.234B shall be charged upto the date of order under Section 245D(4) - Assessee Mr.N.Prasad submitted that the order passed by the Settlement Commission, impugned in the present writ petition, deserves to be interfered with in view of the law laid down by the Hon'ble Supreme Court in the case of “CIT -Vs- M.H.Ghaswala [2001 (10) TMI 4 - SUPREME COURT] and “Brij Lal -Vs- CIT [2010 (10) TMI 8 - SUPREME COURT]. - HELD THAT:- We are satisfied that the present impugned order of the Settlement Commission does not require any interference by this Court at this stage. If the Assessee intends to make any submission on the basis of any subsequent Supreme Court decision, which according to the Assessee is applicable to the facts of the present case, he is at liberty to move the Settlement Commission itself. Since apparently the impugned order has been passed in pursuance of the remand order of the Hon'ble Supreme Court itself, if there is any subsequent development or law or change of position of law at the hands of the Hon'ble Supreme Court, it is open to the Assessee to move the Settlement Commission itself for applying the correct position of law. Therefore, with the aforesaid liberty given to the petitioner, we are not inclined to interfere with the impugned order at this stage.
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