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2019 (12) TMI 863 - MADRAS HIGH COURTSettlement Application - Reopening of assessment - HELD THAT:- Order passed in the case of Parasmal Jain by the Settlement Commission has become final. While that being so, if the objections of the learned Standing Counsel for the respondents is to be accepted, the possibility of double taxation for one transaction may occur. As such, this Court is of the view that the issue in the case of Umed C. Mehta could be reconsidered, in the light of the subsequent development through the orders passed by the Settlement Commission in the case of Parasmal Jain. Consequently, deem it proper to refrain from addressing any other grounds raised by the petitioner, challenging the impugned proceedings in this writ petition and that any further decision could await, after final orders are passed by the Settlement Commission on remand. It would be relevant to point out herein that when Umed C. Mehta had challenged the order of the Settlement Commission passed in his Settlement Application before this Court in had set aside the order of the 1st respondent herein dated 23.10.2009 and remanded the matter back for fresh consideration. It would not be appropriate to interfere with the present impugned notice at this stage, but, it would be appropriate to await the decision of the Settlement Commission, after remand, in the case of Umed C. Mehta.
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