Maheshbhai Shantilal Patel. v. ITSC (2018) 405 ITR 270 (Guj) (HC)

S. 245D : Settlement Commission -Finding of failure by assessee to make true disclosure of undisclosed income — The limited jurisdiction of judicial review while examining the correctness of the order of the Settlement Commission is a well settled principle- Rejection of application is held to be justified. [ S.245C ]

Dismissing the petition the Court held that ; the multiple disclosures made by the assessee during the settlement proceedings would show that the assessee had scant regard for truth. Several revised settlement offers were made by the assessee. Each time the assessee shifted his stand, either on the quantum of undisclosed income or its source. The Settlement Commission rightly held that there was lack of true and full disclosure and total flip flop on the part of the assessee while making multiple disclosures. The settlement application was rightly rejected. Court also observed that the limited jurisdiction of judicial review while examining the correctness of the order of the Settlement Commission is a well settled principle. The order of the Settlement Commission would be subject to interference only if it suffers from mala fides or is opposed to the principles of natural justice or is passed against the provisions of the Income-tax Act, 1961 .( AY. 1991-92 to 1994-95)