Standard Farms Pvt. Ltd. v. CIT (2025) 480 ITR 496 (SC). Editorial: CIT v. Standard Farms Pvt. Ltd. (2025) 483 ITR 621 (Delhi)(HC).

S. 245H : Settlement Commission-Settlement of cases-Power-Grant of immunity from prosecution and penalty-High Court setting aside order of Settlement Commission and remanding matter for reconsideration on ground that assessee had not made full and true disclosure at the outset-Special Leave Petition dismissed with clarification that remand direction of High Court would remain unaffected and matter to be examined afresh in accordance with law without being influenced by observations of High Court. [S. 245C, Art. 136]

The assessee had approached the Settlement Commission seeking settlement of its case and the Commission granted immunity from penalty and prosecution. The High Court, on a review petition, held that for invoking the settlement mechanism the assessee must make a full and true disclosure of undisclosed income at the first instance and that disclosures in instalments would not satisfy the statutory requirement. Observing that there was no basis for the finding of the Settlement Commission that the assessee had made a full and fair disclosure, the High Court set aside the order granting immunity and remanded the matter to the Settlement Commission for reconsideration. On Special Leave Petition by the assessee, the Supreme Court dismissed the petition but clarified that the direction of remand issued by the High Court remained undisturbed and the matter should be examined afresh by the concerned authority strictly in accordance with law without being influenced by any observations or findings recorded in the High Court’s judgment. SLP dismissed.

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