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TMI Blog2023 (5) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... d order dated 29.03.2017 passed by the High Court of Judicature at Allahabad, Lucknow Bench Lucknow, by which the Division Bench of the High Court has dismissed the Writ Petition No. 4858 of 2008 preferred by the appellants herein, the original writ petitioners have preferred the present Appeals. The subsequent order passed by the High Court dismissing the review application is also the subject-matter of the present Appeals. 2. The facts leading to the present Appeals in a nut shell are as under: - i) That a search was conducted under Section 132 of the Income Tax, Act, 1961 (for short "the Act") on the business premises as well as the residence of the partners. ii) Notices under Section 153A were issued to all the appellants for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d more than 325 orders from various High Courts in the month of March, 2008, directing the Principal Bench to complete the cases by 31.3.2008. 4. This would involve more than 1500 assessments. The Settlement Commission deals only with the assessments which involve complexity of investigation and the application is intended to proved quietus to litigation. For example, in one group of cases where 23 applications are involved, the paper book, which has been filed before the Settlement Commission runs into thirty thousand pages. It goes without saying that sufficient and proper opportunity is required to be given both to the applicant and the Commissioner of Income Tax for arriving at a proper settlement. 5. At this juncture, it is not p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come Tax to compute the total income, income tax, interest and penalty, if any, payable as per this order and communicate to the applicant immediately along with the demand notice and challan under intimation to this office. 12. In case of failure to adhere to the scheme of payment, the immunity granted under Section 245(H)(1) shall be withdrawn in terms of subsection (1A) of the said section." viii) That thereafter, in the light of the observations made in para 7 by the Settlement Commission, the A.O. issued the show cause notice for re-assessment on the various transactions which are detected but were not disclosed by the appellants before the Settlement Commission. ix) The show cause notice was the subject-matter of Writ Petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver thereafter, the Settlement Commission passed an order to comply with the directions of the High Court to dispose of the application on or before 31.03.2008. If that be so, the High Court in fact ought to have remitted the matter back to the Settlement Commission to pass a fresh order in accordance with law and on merits after following due procedure as required under Section 245D(4) of the Act. 4. In view of the above and for the reasons stated hereinabove, we set aside the impugned judgment and order passed by the High Court. We set aside the subsequent assessment/re-assessment order passed by the A.O, which was the subject-matter of writ petition before the High Court. We also set aside the order passed by the Settlement Commission d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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