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V. Pandi Versus The Settlement Commission (IT & WT) , The Commissioner of Income Tax - I, Madurai

2016 (8) TMI 564 - MADRAS HIGH COURT

Reopening of assessment - Power of settlement commission - Held that:- The Settlement Commission passed final orders as early as 19.06.1998 and thus, by applying the decision of the Hon'ble Supreme Court in Brij Lal [2010 (10) TMI 8 - SUPREME COURT ], the order of Settlement Commission has to be taken as final and conclusive and when there is no allegation of fraud or misrepresentation, the question of reopening or revising the order, that too in the manner done in the impugned orders cannot be .....

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oner seeks for quashing the order passed by the Settlement Commission dated 27.08.2002 suo-motu revising its final order dated 19.06.1998 and the second suo-motu order dated 11.03.2003. The impugned orders are challenged on the ground of lack of jurisdiction and there is no authority for the Commission to rectify such mistake that too by way of suo-motu action. 3. The power of the Settlement Commission to rectify its order much belatedly by way of an application or otherwise came up for consider .....

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er, which read as under: 7. After hearing the learned counsel for the parties and perusing the materials placed on record, the first issue to be answered is with regard to the power of the Commission to reopen its proceedings. Section 245-I of the Act states that only order of the Commission passed under Section 245 shall be conclusive as to the matters stated therein and no matter covered by such order shall, save as otherwise provided in that Chapter, be reopened in any proceeding under the Ac .....

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t Commission shall have all powers which are vested in Income Tax Authority under the Act cannot be read in isolation but it should be read in tandem with Section 245(I) and if it is done, then it is to be held that there is no power of review conferred on the Commission to reopen the proceedings. This position held the field till an amendment was inserted under Section 6(b) of Section 245D by Finance Act 2011 with effect from 1.6.2011. Even the said provision is not a power of review. But the p .....

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rs passed by the Settlement Commission on the ground that the Commission has no power to rectify its earlier order even under Section 245D of the Income Tax Act, 1961. The Hon'ble Division Bench of the Andhra Pradesh High Court after taking into consideration the decision of the Hon'ble Supreme Court in Brij Lal, held that the order passed by the Settlement Commission rectifying its earlier order cannot be sustained and must perish. In the said case, rectification was sought for by the c .....

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se is that the Revenue while rectification/recalling of the order passed by the Commission, referred to a decision of the Hon'ble Supreme Court in the case of Hindustan Bulk Carriers and Damani Bros, with respect to the terminal date for charging of interest under Section 234B. Admittedly, these decisions were rendered by the Hon'ble Supreme Court much after the final order was passed by the Commission under Section 245D(4). 10. Rudimentary legal principle is that subsequent development .....

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