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2017 (7) TMI 741 - HC - Income TaxOrder passed by the Income Tax Settlement Commission, Additional Bench, Chennai under Section 245F[I] challenged - held that:- The issue involved in these writ petitions are squarely covered by the decision of this Court in the case of R.Vijayalakshmi Vs Income Tax Settlement Commission and Others [2016 (8) TMI 657 - MADRAS HIGH COURT] wherein held when the statute does not provide power of review with the authority and if it is done, it has to be termed as wholly without jurisdiction. The phraseology used by the legislation is “rectification” and such rectification can be done on any mistake apparent from the record. Therefore, such power exercisable under sub Section 6D of Section 245D can be exercised only to rectify a mistake and such mistake should be apparent from the record. Thus, even as per the amendment made by Finance Act, 2011, power of review is not conferred on the Settlement Commission. Rudimentary legal principle is that subsequent development of law cannot be a ground to exercise review jurisdiction and that cannot be taken into consideration as an error apparent on the face of the record. Hence, on that ground also, the Department should be non suited. Hence for all the above, order of the Settlement Commission is held to be unsustainable and it is accordingly quashed. This Court has held that the order passed by the Commission under Section 245D(4) has become final and the Department will be entitled to interest only as ordered by the commission.
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