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2016 (7) TMI 676 - BOMBAY HIGH COURT

2016 (7) TMI 676 - BOMBAY HIGH COURT - TMI - Application to Settlement Commission - validity of notice u/s 142(1) - petitioner's grievance is that the impugned notices are without jurisdiction, as the assessment for the A.Ys. 2008-09 and 2009-2010 have been admitted for consideration by the Settlement Commission - Held that:- The concluding paragraph in the order of the Settlement Commission dated 10th May, 2016 allowing the application for settlement to proceed with further, the impugned notice .....

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bove relied upon by Mr. Suresh Kumar then the appropriate remedy would be to seek a clarification and/or rectification of the order dated 10th May, 2016 from the Commission before issuing the impugned notices. The Assessing Officer is a creature of the statute and must not act in a manner which would denude the Commission of the powers bestowed upon it under the Act. Therefore at this stage, we see no reason to let the impugned notices continue and therefore, we quash and set aside the impugned .....

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ition under Article 226 of the Constitution of India challenges notices dated 8th June, 2016, 14th June, 2016 and 23rd June, 2016. All issued under Section 142(1) of the Income Tax Act, 1961 (the Act) in respect of the assessment years 2008-09 and 2009-2010. 3. The petitioner's grievance is that the impugned notices are without jurisdiction, as the assessment for the A.Ys. 2008-09 and 2009-2010 have been admitted for consideration by the Settlement Commission as is evident from the order dat .....

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ner invites our attention to paragraph 10 of the order dated 10th May, 2016 which reads as under: In conclusion, we feel that the applicants have successfully rebutted the various averments made on behalf of the Department, and also disclosed the manner of earning the income hitherto undeclared to the Department. Hence, we are of the considered view that in the absence of any evidence which could prove fatal to the respective application of the applicants and render the applications as not being .....

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dditional income which was not disclosed during the regular assessment proceedings. In particular our attention is invited to the following observation in paragraph 9.1 of the order which reads as under: Having examined the rival arguments we feel that settlement of a case to be done in accordance with the provisions of Section 245C(1) read with Section 245D(4). However, since we find that the aggregate tax paid is well above the threshold limit we treat the applications as valid and take it for .....

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