Settlement Commission dismissed petition on the ground that the assessee failed to disclose full and true disclosure. On writ the Court held that the primary obligation cast upon the assessee under section 245C(1) to make a true and full disclosure has not been taken away by the omission of sub-section (1A). The right of the Commissioner to object under sub-section (1A) to the application being proceeded with, stands on a different footing from the obligation of the assessee to make a full and true disclosure under section 245C(1). That the application does not disclose true and full particulars, can be highlighted by the Commissioner in his report under sub-section (2B). On the basis of such report, the Settlement Commission can declare the application under sub-section (2C) to be invalid. The procedure prescribed in sub-section (2B) and sub-section (2C) is not taken away even after the deletion of sub-section (1A). Writ petition was dismissed. (AY.2006-07 to 2012-13)
Maa Mahamaya Industries Ltd. v. ITSC (2023) 459 ITR 277 / 153 taxmann.com 295 (Telegana) (HC) Editorial : SLP of assessee is dismissed, Maa Mahamaya Industries Ltd. v. ITSC (2023) 459 ITR 301 / 294 Taxman 424 (SC)
S. 245C : Settlement Commission-Settlement of cases-Failure to disclose full and true disclosure-Writ petition is dismissed-SLP is dismissed. [S. 245D(1), Art.226]