TMI Blog2021 (4) TMI 962X X X X Extracts X X X X X X X X Extracts X X X X ..... rdingly, the Settlement Commission may proceed with the matter. We have also been taken to the contents of the Finance Bill 2020-21 and the relevant provisions therein but as the said Bill has still not been enacted, the position which stands is to be taken as in the absence of the contents of the said Bill. Considering we dispose of this petition with the direction to the respondent No.1 Settl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tt, learned Senior Advocate assisted by Mrs. Mauna Bhatt and Mr. Karan Sanghani learned counsels representing respondent No.2. 2. By means of this petition under Article 226, the petitioners have in effect prayed for the writ of mandamus commanding the respondent No.1 to pass an order under section 245D(4) of the Income Tax Act, 1961 in accordance with law. 3. The submission of Shri Soparkar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cluded. The Respondent No.1 also formally pronounced the case as settled and also noted the terms of settlement. Only the text of the order u/s 245D(4) was pending to be issued. But, the Petitioners did not receive the same until 31.01.2021. Pronouncement of decision after completion of hearing 3.8 It is submitted that in the facts of the case complete biparte hearing has taken place putti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned Senior Counsel appearing for respondent No.2-the Assistant Commissioner of Income Tax submits that as the facts stated by the petitioners can only be verified by the Settlement Commission, it may be left at the discretion of the Settlement Commission to take a decision whether such facts are correct or not and accordingly, the Settlement Commission may proceed with the matter. We have also b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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