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2017 (1) TMI 1286 - HC - Income TaxScope of order u/s 245(D)(4) passed by the Income Tax Settlement Commission - application for settlement under Section 254(D)(4) rejected on the ground of failure to make a full and true disclosure in the application for settlement - Held that:- It would be evident that while reproducing, for the sake of convenience the case of the petitioner before the Commission, the written submission dated 11th July, 2015 is in effect extracted. However, clause “(f) Speed money for getting clearances” as found in the submission has been omitted in the body of the petition. The learned Counsel sought to explain the same by stating that it was not referred to in the petition as speed money expenses incurred for getting clearances are not expenses which are allowable in view of Explanation I to Section 37 of the Act. However no such explanation is offered in the petition. One would have therefore proceeded on the basis that no speed money expenses were estimated while working out the estimated expenditure out of 'on money' received. The petitioner must disclose all material facts even if not favourable to him. It is not open to the petitioner to selectively disclose facts and suppress some facts and yet seek extra ordinary remedy of a prerogative writ. As pointed out above, one of the heads of expenses claimed before the Commission for arriving at estimated expenses is the amount paid as “speed money”. Thus it was a material fact. The degree of materiality is of no consequence and once the court comes to the view that the non-disclosure was deliberate and possibly made with a view to present a picture different from what existed before the Commission, this Court will not exercise its writ jurisdiction. Therefore, the petitioner has not come with clean hands. In the present case, we are of the view that there was suppression of facts in the petition which was material to the issue at hand. Therefore, we see no reason to entertain this petition on the above ground also.
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