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2016 (7) TMI 676 - HC - Income TaxApplication to Settlement Commission - validity of notice u/s 142(1) - petitioner's grievance is that the impugned notices are without jurisdiction, as the assessment for the A.Ys. 2008-09 and 2009-2010 have been admitted for consideration by the Settlement Commission - Held that:- The concluding paragraph in the order of the Settlement Commission dated 10th May, 2016 allowing the application for settlement to proceed with further, the impugned notices are without jurisdiction. However, the distinction which is sought to be made on behalf of the Revenue does not find any mention in the operative part of the order dated 10th May, 2016. Therefore according to us, the impugned notices are without jurisdiction as it is not open to an Assessing Officer to oust the jurisdiction of Settlement Commission in the face of Section 245F(2) of the Act. In case the Revenue reads the order differently particularly in view of the sentences extracted herein above relied upon by Mr. Suresh Kumar then the appropriate remedy would be to seek a clarification and/or rectification of the order dated 10th May, 2016 from the Commission before issuing the impugned notices. The Assessing Officer is a creature of the statute and must not act in a manner which would denude the Commission of the powers bestowed upon it under the Act. Therefore at this stage, we see no reason to let the impugned notices continue and therefore, we quash and set aside the impugned notices dated 8th June, 2016, 14th June, 2016 and 23rd June, 2016. - Decided in favour of assessee
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