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Commissioner of Income Tax Versus Income Tax Settlement Commission, TSR Khannaiyan, TRK Saraswathi

2017 (11) TMI 735 - MADRAS HIGH COURT

Correctness of order passed by the Settlement Commission - entire amount of additional income, except the additional income, offered in the two applications before the Commission, should be held as assessable in the regular assessment for the assessment years covered in the first application - Held that:- This issue has now become academic as in the assessee's own case, the revenue viz., the petitioner herein, filed Special Leave to appeal challenging the order dated 30.01.1996, passed under Sec .....

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f the block assessment ending 06.11.1996. In such circumstances, this Court has no hesitation to hold that the challenge to the impugned proceedings has become academic and unnecessary. - W.P.Nos.28150 & 28151 of 2005 - Dated:- 24-10-2017 - T. S. Sivagnanam, J. For the Petitioner : Mr.A.P.Srinivas, Senior Counsel For the Respondents : Mr.R.Sivaraman ORDER Heard Mr.A.P.Srinivas, learned Senior Counsel appearing for the revenue/petitioner and Mr.R.Sivaraman, learned counsel appearing for the secon .....

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ement Commission on the ground that the entire amount of additional income, except the additional income, offered in the two applications before the Commission, should be held as assessable in the regular assessment for the assessment years covered in the first application. The assessees approached the Commission by filing the first application for settlement as against the regular assessment, covering the assessment years 1987-88 to 1996-97 for the assessee Mr.T.S.R.Khanniyan and covering the a .....

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cases in respect of the block assessment. The revenue s contention is that the first application filed by the assessees in respect of the regular assessment ought not to have been entertained or ought not to have been heard along with the application for settlement of the cases pursuant to the block assessment. This issue has now become academic as in the assessees own case, the revenue viz., the petitioner herein, filed Special Leave to appeal (Civil) No.921 to 922 of 1998, challenging the orde .....

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s was the very same contention, which was canvassed before the commission and dealt with in the impugned order. These SLPs filed by the revenue were entertained and leave was granted and in so far as the assessees' case is that the civil appeals were numbered as 4178 and 4179 of 1998 and the Hon ble Supreme Court by a common order dated 22.02.2001, disposed of the civil appeals with the following order/direction: C.A.Nos.6299/1998, 6300/1998, 4178-79/1998, 205/99, 1857/99 and S.L.P. (C) No.1 .....

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