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TMI Blog2024 (8) TMI 1433X X X X Extracts X X X X X X X X Extracts X X X X ..... as granted by the Settlement Commission by Annexure-1 order. Annexure-1 order runs into several pages, but there is no dispute on the quantum of the amounts determined by the Settlement Commission for the purpose of concluding the matter. The quantum was Rs. 2,72,40,648 and the dispute raised is on its satisfaction. 2. In considering the immunity granted by the Settlement Commission, we have to extract Paragraph 95 and 96 of the order. 95. IMMUNITY: The applicant group has made a prayer for granting immunity from penalty and prosecution under the Income Tax Act. Considering the cooperation extended and the facts of the case, we allow the prayer of the applicant for immunity from penalty and prosecution under the Income Tax Act only, so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rected therein i.e., 25% of the demand by 15.03.2016 and the balance 75% in equal monthly installments to be paid in Financial Year 2016-17. Admittedly, the petitioner did not pay up the amounts within the period provided in the order. The department approached the Principal Commissioner, Income Tax, Central for withdrawal of the immunity from penalty and prosecution. The Principal Commissioner, Income Tax, Central approached the Government of India which allowed the same as per communication dated 17/18.01.2018. There was an appeal filed from the said order which also stood dismissed. 4. The present writ petition was filed challenging the withdrawal of immunity on the ground that the petitioner was not heard. We find that the communicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Judges opined that still the revenue is at fault for not having taken appropriate proceedings. The Division Bench issued directions, on the specific undertaking given by the learned counsel for the petitioner, which we extract from Paragraph 4, 5, 6 and 7 of the said order: At this stage, Shri D.V. Pathy, learned counsel for the petitioner, states that to establish his bona fides, the petitioner is ready and willing to deposit the remaining amount of Rs. 2,72,40,648/- within a period of two months from today. Statement accepted and taken on record. Let the petitioner deposit the aforesaid amount within the aforesaid period. At least Rupees One Crore, out of the said amount, he must deposit on or before 09.09.2021. At this stage, Ms. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amounts to be paid are Rs. 2,72,40,648/-. It is also pertinent that even the undertaking as seen from the interim order has not been complied with. We also have our own reservation as to whether by a judicial order, the necessary consequences of an order of the Settlement Commission, on non-compliance, can be set at naught by this Court. However, we need not look into that aspect since even according to the petitioner he has not complied with the interim order. 11. The order of the Settlement Commission and the interim order of this Court has worked itself out; both, on noncompliance of the conditions of payment, by the petitioner. The consequences with respect to immunity having been set at naught, would be visited on the petitioner. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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