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2024 (3) TMI 1261 - HC - Income TaxValidity of Settlement Commission orders - Pronouncement of decision after completion of hearing by Settlement Commission - Commission pronounced the judgement but the same was not reduced in writing - Petitioners have prayed to direct the respondent No. 1-Interim Board of Settlement to pass an order u/s 245D (4) of the Income Tax Act in case of the petitioners in the same terms of settlement as pronounced by the Settlement Commission on conclusion of the hearing on 27/28.01.2021. HELD THAT:- Respondent No. 2 is not ready and willing to confirm the fact of conclusion of the settlement relying upon the official case Diary Notings. However, it is apparent from the record of the affidavit filed by the Vice President and Member of the Settlement Commission in compliance of the order dated 25.03.2021 passed by this Court in [2021 (3) TMI 1450 - GUJARAT HIGH COURT] to the effect that the case was heard on 28.01.2021 and the terms of the settlement were accepted by the Settlement Commission, immunity was granted with regard to interest and penalty and the case was pronounced as “settled”. Therefore, the affidavit filed by respondent No. 2 relying upon the Case Diary Noting is contrary to what is stated on oath by the Vice President and the then Member of the Settlement Commission. In view of the above this Court shall give credence to the affidavit dated 28.03.2021 filed by the Vice President and Member of the Settlement Commission wherein, in no uncertain terms in para Nos. 2 and 6, the Vice President and the then Member of the Settlement Commission has confirmed that hearing was concluded and the terms of the settlement were pronounced by the Settlement Commission. Therefore, relying upon the decision of Vinod Kumar Singh (1987 (11) TMI 385 - SUPREME COURT] we direct respondent No. 1-Interim Board to pass an order under section 245D (4) of the Act accepting the application as “settled” in terms of the settlement as pronounced by the Vice President and Member of the Settlement Commission on 28.01.2021 as per affidavit dated 28.03.2021 by granting immunity from penalties and prosecutions under Income Tax Act, 1961 to the petitioners. Petition allowed.
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