TMI Blog1999 (1) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... on did not have the power of review and that the grounds in regard to review were not satisfied. This is not a case of review at all. It is a case of fresh applications made subsequent to the amendment of the concerned section in 1991 when the objection of the Commissioner was not to be called for or taken into account. The appeals are dismissed. - C.A. 2610 OF 1994 - - - Dated:- 5-1-1999 - Judge(s) : S. P. BHARUCHA., V. N. KHARE JUDGMENT This batch of cases concerns section 245D of the Income-tax Act, 1961, as it stood prior to 1991 and thereafter. Prior to the amendment in 1991. Section 245D(1) and (1A), read thus : "245D. (1) On receipt of an application under section 245C, the Settlement Commission shall call for a report f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissioner and on the basis of the materials contained in such report and having regard to the nature and circumstances of the case or the complexity of the investigation involved therein, the Settlement Commission may, by order, allow the application to be proceeded with or reject the application : Provided that an application shall not be rejected under this sub-section unless an opportunity has been given to the applicant of being heard : Provided further that the Commissioner shall furnish the report within a period of one hundred and twenty days of the receipt of communication from the Settlement Commission in case of all applications made under section 245C on or after the date on which the Finance (No. 2) Bill, 1991, receives th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the reasons that are stated in sub-section (1). A sample of the order which has been passed, it is common ground, in all the cases is that relevant to Bhasker Picture Palace (in C. A. Nos. 2610-15/ 94). After recitation of the facts, the objection of the Commissioner and the arguments of the parties, the Settlement Commission said this : "On a careful consideration of the arguments and material and evidence on record, we come to the conclusion that for the assessment years 1980-81, 1981-82, 1982-83, 1985-86, 1986-87 and 1987-88, the Department has conclusively established that a portion of collections from canteen rent, cycle stand and regular show collections were not entered in the regular books of account maintained by the appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n (1A) was removed from the statute book subsequent to 1991, we see no reason why the Settlement Commission could not have entertained applications, the like of which had not been proceeded with theretofore only by reason of the objections of the Commissioner ; and no convincing argument has been advanced on behalf of the Union of India in this context except to submit that the Settlement Commission did not have the power of review and that the grounds in regard to review were not satisfied. This is not a case of review at all. It is a case of fresh applications made subsequent to the amendment of the concerned section in 1991 when the objection of the Commissioner was not to be called for or taken into account. The appeals are dismissed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
