Sidharth Carbochem Products Ltd. v. TRO (2026) 309 Taxman 406 (Bom.)(HC)

S. 245D: Settlement Commission-Procedure-Rectification-Final order charging interest under section 234B only till the date of intimation under section 143(1)-Assessee paid the dues, and proceedings concluded-Commission has no power to invoke section 154 to levy additional interest till the date of the final order-Rectification order quashed. [S. 143(1), 154, 234B, 245D(4), Art. 226]

The assessee approached the Settlement Commission for assessment years 1992-93 to 1994-95. By a final order under section 245D(4) dated 30.11.1999, the Commission charged interest under section 234B only up to the date of the intimation under section 143(1); the assessee paid all amounts, and the proceedings stood concluded. Relying upon a subsequent decision of the Supreme Court, the Commission issued a notice under section 154 and, by order dated 23.03.2004, sought to levy interest under section 234B up to the date of the order under section 245D(4), followed by a demand notice. The Court held that settlement proceedings are a self-contained code and that, following Brij Lal v. CIT, the Settlement Commission cannot reopen its concluded proceedings by invoking section 154 so as to levy interest under section 234B. The rectification order dated 23.03.2004 and the consequential demand notice were quashed and set aside. (AY. 1992-93 to 1994-95)

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