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2010 (5) TMI 659 - HC - Income TaxWhether the writ petition is not maintainable for want of clearance from the Committee On Disputes - prayer of the petitioners in this writ petition is to quash the impugned order – Held that:- Final outcome in this writ petition will not have any bearing on the second respondent. There is no prayer against the second respondent - lis is not between petitioners and the second respondent - Writ petition is maintainable. Immunity from penalty and prosecution - Order of the Assessing Officer bringing the concealed income to tax, disallowing depreciation claimed, correcting certain anomalies in the accounting procedure, after levying penalty – Held that:- Burden is on the first respondent to prove that concealment did not arise from any fraud or any gross or willful neglect on their part - No such evidence placed by the first respondent before the Settlement Commission - It is necessary that the Settlement Commission shall record a finding whether there is deliberate concealment or not. There is no such finding in the impugned order - Order in so far as it relates to granting immunity from penalty and prosecution is liable to be quashed.
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