Dismissing the appeal of the revenue against the single judge order in Hitachi Power Europe Gmbh v. ITSC  (2020)423 ITR 472 (Mad)(HC) held  that there were four issues which the assessee wanted settled by the Commission, and, the first among the four issues was with regard to the income earned from offshore supply of goods. The Commission was largely guided by the report of the Commissioner, who reported that the composite contract for offshore and onshore services were artificially bifurcated. The Settlement Commission held that the contention of the assessee that it was separate and that this was done by the NTPC was held to be not fully true. In other words, the Settlement Commission had accepted the fact that the contracts were bifurcated by the NTPC, the entity which invited the tender, but the Commission stated that the bifurcation done by the NTPC was only for financial reasons. The question was whether such a finding could lead to an application being declared as invalid under section 245D(2C) on the ground that the assessee had failed to make full and true disclosure of income. This issue could not have been decided without an adjudication. In order to decide whether a contract was a composite contract or separate contracts, a deeper probe into the factual scenario as well as the legal position was required. If such was the fact situation in the case on hand, the application of the assessee could not have been declared invalid on account of failure to fully and truly disclose its income. Thus, what was required to be done by the Commission was to allow the application to be proceeded with under section 245D(2C) and take up the matter for consideration under section 245D(4) and take a decision after adjudicating the claim The issues which were requested to be settled by the assessee before the Commission, qua, the report of the Commissioner could not obviously be an issue for a prima facie decision at the sub-section (2C) stage. The rejection of the application for settlement of case was not justified.( AY.2015-16 to 2018-19)