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2016 (1) TMI 137 - HC - Income TaxValidity of application for settlement to Settlement Commission - Held that:- We record the contention of the Counsel for the assessee that despite the orders being passed by the Settlement Commission under sub-section (1) of Section 245D and Section 245D(2C) of the Act, the question of fulfillment of all material requirements of a valid application for settlement would be still open for the Commission to examine before further inquiry under sub-section (3) of Section 245D and passing final order under sub-section (4) of Section 245D. Thus, quite apart from the statutory interpretation adopted by this Court in case of Vishnubhai Mafatlal Patel (2012 (12) TMI 1020 - GUJARAT HIGH COURT) and Commissioner of Income Tax Vs. Income Tax Settlement Commission (2013 (7) TMI 95 - DELHI HIGH COURT), even the stand of the assessee and that of the Settlement Commission being that the findings of the Settlement Commission on the fulfillment of the requirements of a valid offer are merely tentative and it will be open for the Settlement Commission to examine these aspects before passing final order under sub-section (4) of Section 245D of the Act. Under the circumstances, we are not inclined to scrutinize the decisions of the Settlement Commission.
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