TMI Blog2015 (3) TMI 538X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Ors Vs. CIT reported in [2010 (10) TMI 8 - SUPREME COURT ] has now resolved the controversy and held that the Settlement Commission has no power to reopen a proceedings concluded by a final order under Section 245D(4) of the Act by invoking Section 154 of the Act. Thus where there is no power to rectify, the levy interest cannot be imposed by rectifying a concluded order under Section 245D(4) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The Writ Petition No. 1423/2005 was admitted on 5 April 2005 and at that time a direction was passed that this petition would be heard alongwith the Original Side Writ Petition Nos. 3187/2004 and 3116/2004. All the above matters are on board today for final disposal. 3. On 12 December 2006 when these petitions came up for hearing, this Court passed following order: The Apex Court has refe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt in the case of Brijlal and Ors. Vs. Commissioner of Income Tax has been decided the issue. The Larger Bench of the Apex Court by an order dated 21 October 2010 in Brijlal and Ors Vs. CIT reported in 328 ITR 477 has now resolved the controversy and held that the Settlement Commission has no power to reopen a proceedings concluded by a final order under Section 245D(4) of the Act by invoking Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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