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2020 (3) TMI 636 - HC - Income TaxApplication filed before the Settlement Commission - Settlement Commission passed the impugned order though there was no true and full disclosure by the assessee in the application for settlement filed before the Commission - HELD THAT:- On perusal of the impugned order passed by the Commission, it is apparent that the application submitted by the respondent has been dealt with as per the provisions of section 245C and 245D of the Act. The Commission has observed detailed procedure while exercising powers under section 245D(4) by examining thoroughly report submitted by the petitioner under Rule 9 of the Income Tax Settlement Commission (Procedure) Rules, 1997. Commission has also provided proper opportunity of hearing to the respective parties and therefore the amount which has been determined by the Commission is just and proper. Commission was right in considering the revised offer made by the respondent during the course of the proceedings in the nature of spirit of settlement. Therefore, the decision of the Apex Court in case of Ajmera Housing Corpn. [2010 (8) TMI 35 - SUPREME COURT] would not come into operation in facts of the case. We are therefore of the opinion that order passed by the Commission does not call for any interference. When we compare the disclosure made by the assessee to the tune of ₹ 11,33,02,651/- in the application filed before the Settlement Commission and the grievance made by the writ-applicant with regard to the amount of ₹ 2,04,88,560/-, the same is very marginal as compared to the disclosure made by the assessee. Accordingly, when the assessee had agreed for addition of ₹ 1,02,44,280/-to put quietus to the issue and to settle the matter, no interference is called for in the impugned order passed by the Settlement Commission. The petition, therefore, fails and is accordingly dismissed.
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