TMI Blog2013 (10) TMI 217X X X X Extracts X X X X X X X X Extracts X X X X ..... der permitted the respondent-assessee to clear the stage of sub-section (1) of section 245C of the Act. It merely amounted not to terminate the assessee's application for settlement - Settlement Commission shall decide the application of assessee for settlement on the basis of material on record. - SPECIAL CIVIL APPLICATION NO. 8443 OF 2003 - - - Dated:- 13-2-2013 - AKIL KURESHI AND MS. SONIA GOKANI, JJ. For the Appellant : Manav A. Mehta. For the Respondent : J.P. Shah and Sudhir M. Mehta. JUDGMENT:- PER : Akil Kureshi Department has preferred this petition challenging the order dated 06.11.2002 passed by the Income Tax Settlement Commission, Additional Bench, Mumbai. A copy of the order is produced at Annexure "4" t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dmitted on 23.6.2003, heard today for grant of interim relief. During the course of hearing it was pointed out by learned Senior Counsel Mr. J.P Shah, appearing for the respondent that the procedure prescribed by sub-section (3) of section 245D of the Income Tax Act has just commenced in the settlement proceedings in the case filed by the respondent and the Commission may pass such final orders as it may think fit under sub-section (4) of section 245D of the Act. Therefore, the Settlement Commission cannot be said to have arrived at any final conclusion and the proceedings before the Commission ought not to be stayed. The learned Counsel Mr. M.R. Bhatt submitted that the petitioner is at liberty to raise the necessary objection during the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 245C. Sub-section (2A) of section 245D provided that assessee shall, within thirty-five days of the receipt of a copy of the order under sub-section (1) allowing the application to be proceeded with, pay the additional amount of income-tax payable on the income disclosed in the application and shall furnish proof of such payment to the Settlement Commission. Sub-section (3) of section 245D provided where an application is allowed to be proceeded with under sub-section (1), the Settlement Commission may call for the relevant records from the Commissioner and after examination of the same, if the Settlement Commission is of the opinion that any further enquiry or investigation in the matter is necessary, it may give such direction to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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