The assessee-company approached the Settlement Commission for A.Ys. 2004-05 to 2011-12 and offered additional income for settlement. The Commission, while passing the final order, granted immunity from penalty and prosecution under section 245H. The Revenue challenged the grant of immunity contending that the Commission had exceeded its jurisdiction and that the statutory conditions were not satisfied. Dismissing the petition, the Court held that since the twin conditions on part of assessee i.e., (i) to make a full and true disclosure and (ii) to cooperate in proceedings, were satisfied for purposes of section 245D(4), the validity of discretionary power exercised by ITSC under section 245H could not be questioned. The order of ITSC was affirmed. Writ petition of revenue was dismissed.(AY. 2004-05 to 2011-12)
Dy. CIT v. ASM Traxim Pvt. Ltd [2024] 169 taxmann.com 40 / (2025) 474 ITR 25 (Delhi)(HC)
S. 245H : Settlement Commission-Immunity from prosecution and penalty-Full and true disclosure-Writ petition of revenue was dismissed. [S. 245C, 245D(4), Art. 226]