Search and survey was conducted at the premises of the assessee. The asseee filed application before Settlement Commission. During settlement proceedings, it applied for cross-examination of different witnesses whose statements were recorded behind its back. The settlement Commission has not allowed the opportunity for cross examination and rejected the application holding that the assessee had not made true and full disclosures. High Court also affirmed the order of Settlement Commission. (AY 2008-09 to 2014-15)
Amrapali Fincap Ltd. v. ITSC (2016) 73 taxmann.com 97 (Guj.) (HC) Editorial: SLP is granted to the assessee, Amrapali Fincap Ltd. v. ITSC (2019) 264 Taxman 84 (SC)
S. 245D : Settlement Commission-Application–Cross examination- Relying upon statements of witness without giving an opportunity of cross examination the application of the assessee was rejected by the Settlement Commission-High Court rejected the writ petition. [S. 245C]