Patliputra Builders Ltd. v ITSC (2024)466 ITR 72 // 168 taxmann.com 412/(2025) 344 CTR 187 / 248 DTR 357 (Pat)(HC)

S. 245D : Settlement Commission-Settlement of cases Granting Immunity from penalty or prosecution provided conditions imposed by it fulfilled-Non-fulfilment of conditions-Immunity cannot be claimed.[S. 142(2A), 245C, 245I,Art. 226]

Dismissing the petition the Court held  that the immunity from penalty and prosecution was granted on condition of the assessee satisfying the Settlement Commission’s order which also prescribed a specific time frame for payment. The Settlement Commission’s order stated clearly that if the payments were not made in accordance with the directions therein automatically, the immunity would stand withdrawn.