PCIT v. MD Industries (P.) Ltd. (2025)306 Taxman 89 (SC) PCIT v. MD Industries (P)(Ltd (2025) 306 Taxman 344 (SC) Editorial: followed in Pr. CIT v. MD Industries (P.) Ltd. (2025) 306 Taxman 344 (SC), the High Court decision is reported in PCIT v. MD Industries (P.) Ltd. (2025) 172 taxmann.com 91/473 ITR 744 (Guj.) (HC).

S. 254(1) : Appellate Tribunal-Powers-Settlement Commission-CIT(A) did not adjudicate issue on merits and dismissed the appeal-Tribunal remanded matter back to CIT(A) for consideration-High Court affirmed the order of the Tribunal-SLP of revenue dismissed.[S. 245D(4), 245HA, 246A, 250, Art. 136]

The assessee approached the Settlement Commission to determine the issues. However, during the pendency of the settlement proceedings, the AO passed an order under section 143(3). The appeal filed before the CIT (A) was dismissed on the ground that the issues were pending before the Settlement Commission. The Tribunal condoned the delay, allowed the appeal, and set aside the order of the CIT (A), directing that the issues be considered in light of the proceedings before the Settlement Commission. The Supreme Court held that there was no infirmity in the Tribunal’s order and directed that the CIT(A) should keep the matter pending until the application before the Settlement Commission is finally determined. The principal reiterated that, in view of section 245F, the Settlement Commission enjoys exclusive jurisdiction, and once an application is admitted, no other income-tax authority has jurisdiction to pass any order on the matters covered by the settlement application. (AY 1999-2000 to 2005-06)

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