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2009 (7) TMI 744 - HC - Income TaxSettlement of cases - The application u/s 245C was made disclosing an additional income of Rs. 1.94 crores. Before the order of admission was passed the assessee revised its earlier application with confidential annexure disclosing an additional income of Rs. 11.41 crores. In fact, this was revision of the original application and therefore, the revised application should have been sent to the Commissioner for his report but this was not done and the admission order was passed. The Settlement Commission had not supplied the annexure, declaring an additional income of Rs. 11.41 crores and thus, opportunity was given to revenue to state its stand properly. Held that - it would be interest of justice to set aside the final order passed by the Settlement Commission and to remand the matter to the Settlement Commission and to remand the matter to the settlement commissioner for hearing the parties afresh and to pass order as per law.
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