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2016 (7) TMI 402

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..... by the Assessing Officer on 29.05.2015 which is before coming into effect of the provisions of the Black Money Act, 2015, the applications submitted by the petitioners before the Commission are maintainable. Accordingly, the Writ Petitions are allowed and the impugned orders are set aside and the petitioners are directed to file an application before the Income Tax Settlement Commission, which shall be considered by the Commission in accordance with the provisions of the Act. - W.P.Nos.22216 to 22219 of 2015, M.P.Nos.1 to 1 and 2 to 2 of 2015 - - - Dated:- 21-6-2016 - T. S. Sivagnanam, J. For the Petitioners : Mr. V. T. Gopalan, Senior Counsel (In all WPs.) For Mr.Suhrith Parthasarathy For the Respondents : Mr. T. Promod Kum .....

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..... d above, we do not allow the above Settlement Applications to be proceeded with and reject the same. 4.Thereafter, the petitioners filed another application on 10.07.2015 for the same assessment years requesting the Commission to take up the matter and consider the same and this application was rejected by order dated 15.07.2015 and the Commission has stated that the petitioners have re-submitted their applications along with circulars issued by the CBDT. The Commission after considering the submissions made by the petitioners by order dated 15.07.2015 rejected the applications for the following reasons: 14.7 After going through the Applications, the arguments by the A.R. and papers filed during the course of hearing, we find no r .....

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..... omes into effect from 1.07.2015. It is submitted that the Petitioner had filed Return of Income on 21.05.2015. Notice u/s.148 was issued by the Assessing Officer on 29.05.2015 which is, before coming into effect the provisions of The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. 7.In the light of the above stand taken which is based on the Explanatory note dated 02.07.2015 issued in Circular No.12 of 2015, as the Black Money (Undisclosed Foreign Income Tax and Assets) and Imposition of Tax Act, 2015 comes into effect from 01.07.2015 and the petitioners had filed their Return of Income on 21.05.2015 and notice was issued under Section 148 of the Income Tax Act by the Assessing Officer on 29.05.2015 .....

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