TMI Blog2005 (8) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... notwithstanding the impugned order, it is open to the parties to urge all their contentions before the Commission at the stage of disposal of the application itself - - - - - Dated:- 18-8-2005 - Judge(s) : D. V. SHYLENDRA KUMAR. JUDGMENT D.V. Shylendra Kumar J. - The writ petition is directed against the order dated December 11, 2000, passed by the Settlement Commission functioning under Chapter XIX-A of the Income-tax Act, 1961 (for short "the Act"), an order which is at an intermediate stage and even during the pendency of the proceedings before the Settlement Commission, at the instance of the Commissioner of Income-tax, Karnataka. The impugned order is according to the petitioner not proper or one which virtually seeks to assu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with. It is aggrieved by such order, the present writ petition is filed by the Revenue. Sri Krishna, learned counsel appearing on behalf of the petitioner, has very elaborately submitted that the Commission could not have entertained the application; that there was a threshold bar, etc., that respondent No. 1 bank had not qualified for examination of its case by the Settlement Commission; that in such circumstances, the Commission could not have held that it can proceed with the application, etc. The argument is sought to be as effectively countered by Sri K.R. Prasad, learned senior counsel appearing for the respondent-bank, and both learned counsel are armed with a good number of authorities in support of their submissions. I hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tage. It is sufficient to clarify here that notwithstanding any preliminary finding or even as indicated in the impugned order, it is still open to the Commissioner to agitate or to apprise the Commission of all the aspects of the matter that he may find fit to place before the Commission when the Commission has to pass orders on the application and notwithstanding such findings by the Commission, if the Commission should hear both the applicant and the Commissioner on all aspects of the matter, the apprehension expressed by learned counsel for the petitioner is removed. I am also of the view that it is not necessary to examine the legal position that may require an interpretation of the provisions of section 245C at this stage when the m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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