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2014 (8) TMI 1152 - HC - Income TaxWaiver interest under Sections 234A, 234B and 234C - Settlement Commission directed that interest under Sections 234A and 234C, wherever applicable was to be charged as per law and interest chargeable under Section 234B would be charged upto the date of order passed under Section 245D(1) and that interest under Section 220(2), applicable on the sustained demand outstanding as on various dates would be charged upto the date of the order passed by the Settlement Commission - notice of demand under Section 156 - rectification application as an error apparent in calculating the interest or that no detail of interest was indicated with regard to the period or the rate stands automatically disposed of as the same Held that:- Settlement Commission having considered the request for waiver of the interest and having rejected it requires no interference by this Court. We further find that the object of notice under Section 245C under the Act was to ensure that no protracted proceedings takes place before the authorities or in courts and in order to avoid lengthy proceedings, a provision was made for settlement of cases to ensure that a finality is arrived at. In Smt. Neeru Agarwal Vs. Union of India (2009 (12) TMI 12 - HIGH COURT OF ALLAHABAD ) a Division Bench of this Court held that the provision of Section 245D read with Section 245 indicates that the order passed by the Settlement Commission has to be treated as conclusive unless it was obtained by fraud or misrepresentation. Similar view was reiterated in Commissioner of Income-tax-I, Lucknow Vs. Smt. Diksha Singh, (2011 (8) TMI 467 - ALLAHABAD HIGH COURT) In the light of the aforesaid, we do not find any justification to interfere in the notice of demand that was issued pursuant to the order of Settlement Commission.
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