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2015 (5) TMI 1060 - HC - Income TaxValidity of settlement commission order - Held that:- Settlement Commission cannot exercise substantive powers of Income Tax Authorities, but, only the procedural powers vested in the Income Tax Authorities can be exercised by the Settlement Commission under Section 245F of the Income Tax Act. We quash and set aside the order passed by the Settlement Commission dated 27th/28th June, 2013 (Annexure6 to the memo of this petition). As the order at Annexure6 is hereby, quashed and set aside, the consequent orders passed by the Settlement Commission dated 24th September, 2013 in recall/rectification petition preferred by this petitioner is also quashed and set aside. We also allow the prayer in this writ petition by quashing and setting aside two garnishee notices both dated 27th January, 2015 issued under sub section 3 of Section 226 of the Income Tax Act, 1961 by the Deputy Commissioner of Income Tax, CircleII. We also quash the garnishee notice issued upon the debtors of this petitioner as contained in Annexure13 series and 14 series, which are consequent upon the orders passed by the Settlement Commission.Thus, all interlocutory applications as well as the writ petition are disposed of. The matter is remanded to the Settlement Commission for fresh decision. This writ petition is hereby, allowed to the aforesaid extent as the impugned orders are at Annexure6 and 7 are hereby, quashed.
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