On writ the Court held that Settlement Commission ceased to operate w.e.f. 01-02-2021 in view of the amendment made by the Finance Act, 2021. Application for settlement of case filed on 17-03-2021, which has been rejected, the order passed by the Settlement Commission was in accordance with law and was legal and valid. Circular and Notification No.: CBDT Order P. No. 299/22/2021-Dir(Inv.III), dt. 28-09-2021 (2021) 438 ITR 5 (St) and Press Release dated 07-09-2021. Court also held that Court can only ensure proper implementation of law by statutory authority. Not duty of court to legislate or issue any circular or notification. (AY. 2013-14 to 2018-19)
Pradeep Kumar Naredi v. UOI (2022) 138 taxmann.com 378 / (2024) 461 ITR 414 (Cal)(HC) Editorial : Refer, Pradeep Kumar Naredi v. UOI (2024) 461 ITR 418 (Cal) (HC) RSB Industries Ltd v. UOI (2024) 461 ITR 418 (Cal)(HC)
S. 245C : Settlement Commission-Settlement of cases-Conditions-Jurisdiction-Rejection of application-Order of rejection is valid-Court can only ensure proper implementation of law by statutory authority-Not duty of court to legislate or issue any circular or notification.[S.119(2)(b) Art. 226]