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2011 (3) TMI 277 - HC - Income TaxSearch and seizure - Rule 9 of the Income-tax Settlement Commission (Procedure) Rules, 1997 - Block assessment - Undisclosed income - It is stated that after payment of entire tax as per the order of the Settlement Commission dated March 4, 2008, the orders of attachment over the properties were lifted on November 18, 2008 - It is, on the basis of subsequent revelation, the certificates produced by the petitioner dated April 15, 1994 and April 18, 1995, should have been forged one, the said application has been filed to revoke the settlement order - The seizure of duplicate audited accounts from the auditor, by which it was found that two sets of audit reports were found - Settlement Commission cannot declare its settlement order as void and such power has been entrusted with the Settlement Commission which is evident from section 245D(6) of the Act - it is to be reiterated that the statutory authorities are presumed to perform their functions in a fair manner and by issuance of the impugned show-cause notice, there is nothing to come to the conclusion that the first respondent, who is the authority to decide under the provisions of the Income-tax Act has predetermined the issue - it is made clear that the petitioner shall be entitled to submit its objections to the show-cause notice within four weeks from the date of receipt of the order and there-after, the first respondent is directed to consider the entire aspects of the matter including the points raised by the petitioner in the objections in an impartial manner and decide the issue in accordance with the provisions of the Act and on the basis of the materials - Writ petition is closed
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