CIT v. M.A. Jacob & Company (2020) 275 Taxman 529 / 194 DTR 81( 2021) 320 CTR 209 (Mad.)(HC)

S. 245D : Settlement Commission – No power of review – Order of Settlement Commission is set aside and directed to decide the issue in accordance with law . [ S. 154, 234A, 234B , 234C 245D(4) , 254E, 245F , 245I , Art , 226 ]

A search was conducted at premises of assessee . Firm and one of partners declared additional income . Thereafter, assessee filed settlement application under section 245E.Settlement Commission, after evaluating records, passed order, granting waiver of interest under section 234A to 234C .  Revenue filed miscellaneous petition stating that Settlement Commission had no power to reduce or waive interest statutorily payable under sections 234A, 234B and 234C . Subsequently, Settlement Commission rectified said order by reversing order of waiver of interest and held that interest under section 234B would be charged up to date of order under section 245D(4). Single Judge allowed writ and set aside impugned order passed by the Settlement Commission.  On writ appeal the Court held that    in case of CIT v. Anjum M.H. Ghaswala (2001) 252 ITR 1 (SC)  held that Settlement Commission cannot re-open its concluded proceedings by invoking section 154 so as to levy interest under section 234B in view of section 245-I and that terminal point for levy of interest under section 234B would be up to date of order under section 245D(1) and not up to date of order of settlement under section 245D(4).  Decision of Supreme Court was not available when Settlement Commission passed order rectifying its earlier order . Accordingly on facts, matter was to be remanded back to Settlement Commission to decide issue relating to waiver of interest payable by assessee afresh keeping in view law laid down by Supreme Court . (AY. 1988-89 to 1992-93)