ACIT v. ITSC/UOI (2019) 419 ITR 419/ 261 Taxman 72/ 179 DTR 152 / 309 CTR 307 (Patna)(HC) /Tirupati Homes Ltd v.ITSC ((2019)419 ITR 410/ 261 Taxman 72 / 179 DTR 152 / 309 CTR 307 (Patna)(HC)

S. 245D : Settlement commission-where Commission had taken note of each of objections raised by Commissioner in his report and after testing same against disclosure of income made by assessee in his application, proceeded to dispose of matter by impugned order, there being no perversity in order passed by Commission, petition was to be dismissed. [S.245C, 245D(4)]

Dismissing the petition of the revenue the Court held that, Chapter XIXA incorporates a special procedure for settlement on basis of full and true disclosure of income by an assessee. Commission had taken note of each of objections raised by Commissioner in his report and after testing same against disclosure of income made by assessee in his application, proceeded to dispose of matter by impugned order, there being no perversity in order passed by Commission, petition was to be dismissed. (AY. 2011-12 and 2012-13) ( CAJC No 1345 of 2016 dt 8-8-2019)