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2014 (5) TMI 1006 - HC - Income TaxMaintainability of writ petition - order of settlement commission - Non-disclosure of income – Penalty u/s 271(1)(c) of the Act – Commission found that since the petitioner had committed a default and did not truly disclose his income, the penalty could not be waived. - Held that:- Even if there is an error of law or fact in calculating the penalty, where the assessee volunteered to appear before the Settlement Commission for settlement of his matter, the discretion exercised by the Settlement Commission requires no interference unless the exercise of power made by the Settlement Commission was perverse requiring interference under Article 226 of the Constitution - The Writ Court, under Article 226 of the Constitution is not bound to interfere in its discretionary remedy even if there was an error of law or fact - Article 226 merely vest a discretion to the Court to interfere in exceptional cases and even if the impugned order was not in conformity with law, the Court was not bound to set aside the order - an order passed by the Settlement Commission attains finality u/s 245(i) of the Act - the Court is not inclined to exercise its discretionary jurisdiction under Article 226 of the Constitution to interfere in the orders passed by the Settlement Commission – Decided against Assessee.
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