Scope of challenge to orders passed by the ITSC - Validity of ...
Income Tax
April 26, 2024
Scope of challenge to orders passed by the ITSC - Validity of exercising discretion by the ITSC in granting relief to the assessee - Granting immunity from prosecution and certain penalties - The High court noted that even if certain interpretations by the ITSC were incorrect, these do not constitute a violation of the Income Tax Act and thus do not warrant interference. - The High Court dismissed the petition of the revenue, upholding the ITSC’s decisions. The court emphasized that the ITSC’s role is not to provide detailed reasons for every decision but to act within the legal framework and discretion provided by the Income Tax Act. It stressed that the ITSC’s decisions are meant to be a "package deal," and dissecting these decisions into parts to accept or reject them is not feasible. The court reiterated that the judicial review is limited to examining whether the ITSC has adhered to the process and provisions of the law, not the correctness of its decisions.
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