On writ by Revenue the Court held that ITSC acted in excess of jurisdiction conferred upon it under Act and, therefore, order passed by ITSC granting immunity from penalty and prosecution to assessee is set aside. Court also held that the report of the CIT recorded that the assessee group has not adverted to full and true disclosure in the application. Accordingly the order of Settlement Commission is set aside. (AY.2001-02 to 2007-08)
PCIT v. Pankaj Buildwell Ltd. & Group (2024) 161 taxmann.com 605/ 341 CTR 127 / 8 NYPCTR 457 (Delhi)(HC)
S. 245D : Settlement Commission-Settlement of cases-Procedure-Application-Conditions-Full and true disclosure-Revision of application-No full and true disclosure-Order of Settlement Commission is set aside.[S.245C, 245D (4),245H, Art. 226]
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