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2022 (10) TMI 663 - SCH - Income TaxSettlement Commission order - immunity to the assessee from prosecution and penalty under the Act and directing payment of tax alongwith interest within 35 days - HC held mere fact that impugned orders have been given effect to would make no difference as the said orders are patently illegal for the reason as the entire procedure as contemplated in Section 245-D(4) has been completely overlooked by Settlement Commission, as is evident from their own order and, therefore, the impugned orders are patently illegal and nullity in the eyes of law. HELD THAT:- While we agree with the impugned judgment dated 25.02.2015 that the order passed by the Settlement Commission being bereft of reasons is unsustainable, and the fact that the respondent has made payment in terms of the order passed by the Settlement Commission cannot be a ground to sustain the order passed by the Settlement Commission, being contrary to the mandate of Section 245-D(4) of the Income Tax Act 1961, we feel that the matter has to be remitted for fresh decision. Settlement Commission has been wound up, and the matters pending before the Settlement Commission are being adjudicated and decided by the Interim Board constituted under Section 245AA of the Income Tax Act, 1961. The matter would be remitted to the Interim Board with a request that the matter to be taken up expeditiously and would be preferably decided within a period of six months from the date of first hearing. A reasoned order would be passed. Recording the aforesaid, the impugned judgment is partly set aside and the appeals are allowed in the aforesaid terms. We clarify that we have not made any observations or given any findings on the merits.
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