Erroneous Grant of immunity by Settlement Commission from Penalty and Prosecution under section 245H(1) of the IT Act 1961 - order of Delhi High Court dated 10.02.2014 in W.1\(C)5262/2013 in the case of CIT(C-II), versus ITSC & Another.

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..... Department of Revenue (Central Board of Direct Taxes) New Delhi, Dated : 27.02.2014 To All the Chief Commissioners of Income Tax (CCA) All the Directors General of Income Tax (Inv) All the Chief Commissioners of Income Tax (Central) All the Commissioners of Income Tax (DR), ITSC Sir/Madam, Sub : Erroneous Grant of immunity by Settlement Commission from Penalty and Prosecution under .....

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..... from penalty and prosecution was ritualistic, once the assessee disclosed the entire concealed income, ignoring the vital requirement that it is the stage at which such income is offered that is crucial and that the applicant cannot be permitted to turn honest in installments. When there is unimpeachable evidence of a much larger amount of concealed income, about which there is no ambiguity, then .....

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..... where the department has evidence to the effect that the additional income offered by the applicants in their application did not amount to true and full disclosure of their income. Further, immunity cannot be granted if the disclosure is made in parts subsequently and not in the original application. Yours faithfully, (R.K. Yadav) Commissioner (Inv.)
Circular, Trade Notice, Public Notic .....

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