Swamina International Pvt. Ltd. v. ITSC (2022) 442 ITR 343 / 286 Taxman 26/ 214 DTR 175 / 327 CTR 684(Cal.)(HC)

S. 245D : Settlement Commission-Violation of principle of natural justice-No opportunity is given to raise objections to order-Order of Settlement Commission is set a-side. [S. 245C, 245D(3), 245D(4), Art. 226]

Allowing the petition the Court held that  the report dated December 27, 2013 had  been filed only on January 15, 2014, the date on which the application was heard by the Commissioner and orders were reserved. The procedural violation went to the root of the matter rendering the order of the Commission wholly unsustainable, in violation of the provisions of the Act and causing grave prejudice to the assessee. The consequence would be that the order had to be treated as an order in violation of principles of natural justice and to a certain extent beyond jurisdiction. Those were all grounds very much available to a court exercising jurisdiction under article 226 to interfere with the order. The order of the Settlement Commission rejecting the application of the assessee was not valid. Referred  Jyotendrasinhji v. S. I. Tripathi (1993) 201 ITR 611 (SC).