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2006 (7) TMI 204 - SC - Income TaxApplication under Chapter XIX-A of the Act for settlement of the dispute before the Settlement Commission for settlement of the dispute for the assessment years 1989-90 to 1993-94 Held that:- Without expressing any opinion on the merits of the dispute, the findings recorded on the first report or the effect of not recording a finding on the second report, we set aside the impugned order and remit the case back to the High Court for a fresh decision, leaving the parties to raise all points including the point raised before us on behalf of the assessee that the High Court should not have entertained the Revenue's writ petitions in exercise of its discretionary jurisdiction under article 226 of the Constitution of India, and the stand taken by the Revenue that the application filed by the assessee for settlement before the Settlement Commission was not entertainable as the assessee had not made, inter alia, true and complete disclosure of its undisclosed income, as provided under the law. All contentions of the parties are left open to be agitated before the High Court.
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