TMI Blog2018 (8) TMI 1208X X X X Extracts X X X X X X X X Extracts X X X X ..... d influence the assessing procedure under the Act. - Decided against the assessee. - Writ Petition No. 4920 of 2018 - - - Dated:- 10-8-2018 - M.S.SANKLECHA And SANDEEP K. SHINDE, JJ. Mr. Jehangir Mistri, Sr. Advocate with Mr. Madhur Agrawal i/b. Mr.A. K. Jasani, for the Petitioner Mr. Sham Walve, for the Respondents ORDER P. C. This Petition under Article 226 of the Constitution of India, challenges the order dated 6th December, 2017 passed by the Income Ta Settlement Commission (the Commission). The impugned order dated 6th December, 2017 rejected the Petitioner's Application for Settlement made under Chapter XIXA of the Income Tax Act, 1961 (the Act). The application was made by the Petitioner to settle its di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at there was a failure on the part of the Applicant to fully and truly disclose its income for settlement of the dispute before the Commission. This, more particularly so, when the impugned order holds that further details are required to be called for from the Pune Municipal Corporation to determine whether the claim for deduction under Section 80IB(10) of the Act, is justified or not. Thus, the rejection of the application for settlement in the above facts on the ground of failure to disclose all facts may not be sustainable and would certainly require further consideration by us. However, before we take a view on this, it may be necessary to deal with the second ground of rejection. 5(i) So far the Applicant's income on account of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... particulars and details of the land and site etc. have not been submitted to establish how these expenses were relatable to the receipts or were of admissible nature. Thus, on the parameters of fullness and trueness, the applicant's claim is not maintainable. On the one hand the applicant has taken the stand that such type of receipts were not regular, on the other hand, some adhoc amount of ₹ 5 lacs has been offered in each of the year from A.Y. 2009-10 to 2012-13 and for A. Y. 2015-16. The ARs contention that the applicant is not able to remember these transactions does not convince us. The applicant seems to be concealing full information as the same may result in to revelation of many more issues leading to possible enhanceme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional income. This, it is submitted , is beyond the jurisdiction of the Commission and in support, invites attention to Section 245C(1) of the Act. The above Section 245C(1) of the Act, provides that an application for settlement should contain full and true disclosure of his income which has not been disclosed before the Assessing Officer and the manner in which such income is derived. The aforesaid requirement, the Petitioner states, has been complied with, inasmuch as the income has been declared and the manner in which such income is derived i.e. on account of rendering facilitation services. Thus, there is no requirement of substantiating the income by giving particulars of the income. Our attention is drawn to Section 271 AAB of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his is particularly, so as on the same facts, the Commission itself had passed an order under Section 245D(2C) of the Act to proceed further. This, it is submitted would amount to Review of an order and should not be allowed. It is true that at the stage of Section 245D(2C) of the Act, the Commission has to be satisfied that the application is valid and it should be proceeded with further. However, this satisfaction reached by the Commission at the stage of 245D(2C) of the Act, would not prohibit the Commission from rejecting the application at the stage of 245D(4) of the Act, if it finds that the application as filed, does not truly and fully discloses the undeclared income. In fact, the requirements of the full and true disclosure being m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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