Search Results for "Settlement Officer"

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Search Results for "Settlement Officer"

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High Court

Bombay High Court Dismisses Revenue's Challenge to Settlement Commission's Jurisdiction in Income Tax Case — Settlement Application Valid Despite Expiry of Section 143(2) Notice Period. The term 'pending assessment' includes cases where return is filed and time for completion of assessment has not expired, even if no notice under Section 143(2) was issued.

30 Aug 2013

The Commissioner of Income Tax filed a writ petition under Article 226 of the Constitution challenging an order dated 31 December 2012 passed by the I...

High Court

High Court of Karnataka Dismisses Revenue's Challenge to Settlement Commission Order in Income Tax Search Case — No Speaking Order Required at Preliminary Stage Under Section 245D(1). The court held that the Settlement Commission's order to proceed with an application under Section 245D(1) of the Income Tax Act, 1961, need not be a speaking order and that the Commission has discretion to allow the application even if the assessee has not made full disclosure or paid full tax at that stage.

18 Jan 2016

The case involves a challenge by the Commissioner of Income Tax, Karnataka (Central), against an order dated 3.4.2014 passed by the Income Tax Settlem...

High Court

Bombay High Court Allows Settlement Application in Customs Duty Case — Settlement Commission Cannot Reject Application on Grounds Not Specified in Section 127B of Customs Act, 1962. The court held that the conditions for rejection of a settlement application are only those enumerated in Section 127B(1) of the Customs Act, 1962, and the Settlement Commission cannot impose additional conditions such as requiring the applicant to admit the entire duty liability before filing the application.

21 Nov 2016

The petitioner, M/s Auto Creaters, filed a Writ Petition under Article 226 of the Constitution of India challenging the common order dated 14th March ...

High Court

Bombay High Court Dismisses Petition Challenging Settlement Commission Orders in Customs Duty Under-Invoicing Case. Settlement Commission's Rejection of Settlement Application Upheld as Proper Exercise of Discretion Under Section 127H of Customs Act, 1962.

27 Jul 2010

The petitioner, M/s Paul Industries, imported electronic goods during 1995-96 and was issued a show cause notice on 11th June 1999 by the Directorate ...

High Court

Bombay High Court Dismisses Revenue's Challenge to Settlement Commission Order Allowing Settlement Application Despite Non-Disclosure of Additional Income. Settlement Commission's Order under Section 245D(2C) of Income Tax Act, 1961, Declaring Application Valid, Upheld as Department Failed to Provide Evidence of Non-Disclosure.

28 Feb 2019

The Income Tax Department filed writ petitions challenging an order dated 31.5.2016 passed by the Income Tax Settlement Commission, insofar as it rela...

High Court

Bombay High Court Allows Petition Challenging Settlement Commission Order Rejecting Settlement Application Under Section 245D(1) of Income Tax Act, 1961. The Court held that the Settlement Commission must consider the nature and circumstances of the case and cannot reject an application solely on grounds of complexity and full disclosure at the admission stage.

14 Feb 2007

The petitioner, Centurion Bank of Punjab Ltd (formerly Centurion Bank Ltd), a company engaged in banking and related financial activities including le...

High Court

Bombay High Court Dismisses Petition Seeking Declaration of Settlement Discharge in Sales Tax Dues. Settlement Not Binding on Tax Authorities Without Formal Acceptance Under Bombay Sales Tax Act, 1959.

3 Feb 2006

The petitioner, Pradip Nanjee Gala, as Karta of a Hindu Undivided Family, filed a writ petition seeking a declaration that a settlement arrived at wit...

High Court

Bombay High Court Allows Writ Petition Against Settlement Commission in Customs Duty Case — Petitioner's Full Disclosure and Cooperation Justifies Settlement. Settlement Commission's Rejection of Application for Non-Disclosure of Additional Amounts Set Aside as Unreasonable Under Section 127B of Customs Act, 1962.

15 Sep 2022

The petitioner, Mahindra & Mahindra Ltd., is engaged in the manufacture of vehicles in India. It filed four applications before the Settlement Commiss...

High Court

Bombay High Court Allows Writ Petition Challenging Settlement Commission's Order on Maintainability of Settlement Application Under Section 32E of Central Excise Act, 1944 — Holds That Order of Adjudication Is Made on Date of Dispatch, Not Date of Signing

15 Mar 2013

The petitioner, M/s. Vishnu Steels, a manufacturer of excisable goods, challenged an order of the Settlement Commission dismissing its application und...

High Court

Bombay High Court Dismisses Union of India's Challenge to Settlement Commission's Reduction of Interest Under Section 220(2) of Income Tax Act, 1961. Settlement Commission Has Power to Reduce Interest Under Section 220(2) When Settling Case Under Chapter XIX-A, and Such Reduction Does Not Require Prior Payment of Interest.

9 Dec 2021

The Union of India and the Commissioner of Income Tax filed a writ petition challenging two orders dated 05/06/1998 and 04/08/1999 passed by the Incom...

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