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M/s. Neelgiri Engineering Co. Private Limited Versus The Income-Tax Settlement Commission, The Union of India, The Commissioner of Income Tax-I, The Assistant Commissioner of Income Tax

2016 (9) TMI 1006 - MADRAS HIGH COURT

Terminal date for the purpose of charging interest under Section 234-B - Settlement Commission - Held that:- Identical issue was raised before this court in R.Vijayalakshmi vs. Income Tax Settlement Commission Additional Bench and others [2016 (8) TMI 657 - MADRAS HIGH COURT] and ultimately it was held that the Department will be entitled for interest only as ordered by the Commission while passing the order under section 245D (4) of the Income Tax Act. - W. P. No. 21341 of 2003 & W. P. M. P. .....

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iscellaneous Application filed by the Revenue to rectify the order passed by the Settlement Commissioner, dated 30.03.1999 in an Application filed by the Writ Petitioner on 13.03.2003. 3. The only issue to be considered is as to what would be the terminal date for the purpose of charging interest under Section 234-B of the Income Tax Act, 1961. An identical issue came up for consideration before this Court in Writ Petitions in W.P.Nos.5553 to 5558 of 2008,dated 26.07.2016 (R.Vijayalakshmi Vs. Th .....

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n and no matter covered by such order shall, save as otherwise provided in that Chapter, be reopened in any proceeding under the Act or under any other law for the time being in force. The said provision does not confer the power of review on the commission. It is settled legal position that power of review is to be specifically conferred on the authority by the statute and power of review is not inherent with the authority. However, when the statute does not provide power of review with the aut .....

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der 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 phraseology used by the legislation is rectification and such rectification can be done on any mistake apparent from the record. Therefore, such power exercisable under sub Section 6D of Section 245D can be exercised only to rectify a mistake and such mistake should be apparent from the record. Thus, even as per the amendment made by Finance Act, 2011, power o .....

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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 commission on the ground that the order passed by the Commission was contrary to the Board's circular. The Court held that even otherwise, it is an error within the jurisdiction of the Commission and it was not an error which went to the root of its jurisdiction and held that if at all revenue had to question the .....

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