1996 (5) TMI 436 - HC - Income Tax

Summary

Issues:
1. Rejection of applications by the Settlement Commission under the Income-tax Act, 1961 and the Wealth-tax Act, 1957.
2. Eligibility of minors to make applications before the Settlement Commission.
3. Admission and disposal of applications by the Settlement Commission.
4. Quashing of orders by the High Court and directions to the Settlement Commission.

Analysis:
The High Court heard Special Civil Application Nos. 10200 of 1995 and 10201 of 1995 concerning the rejection of applications by the Settlement Commission under section 245D(1) of the Income-tax Act, 1961, and Special Civil Application Nos. 10202 of 1995 and 10203 of 1995 related to rejection under section 22D(1) of the Wealth-tax Act, 1957. The minors, along with their family members, were beneficiaries of a family trust and voluntarily disclosed income before the Settlement Commission. The minors were initially deemed ineligible to apply as there were no pending assessments, but became eligible after a notice was issued for the assessment year 1984-85. The Settlement Commission rejected the applications at the admission stage based on a report from the Commissioner under section 245D(1) (para 2).

The High Court found that the applications should have been admitted and proceeded with by the Settlement Commission. The Court quashed the orders of rejection and directed the Settlement Commission to admit and decide the applications in accordance with the law. The Court refrained from discussing the merits of the case to avoid affecting either party and did not express any opinion on the case merits (para 4, 5).

In conclusion, the High Court allowed the applications, quashed the orders of rejection, and directed the Settlement Commission to admit and decide the applications in accordance with the law. The Court did not delve into the case's merits to maintain neutrality and fairness in the proceedings (para 5).