2025 (3) TMI 938 - SCH - Income Tax

Validity of orders passed by Settlement Commissioner to the extent that it has granted immunity from prosecution as well as the penalty to the Respondents - Maintainability of review petition - as decided by HC 2024 (12) TMI 1267 - DELHI HIGH COURT there is no foundation for the finding of the Settlement Commission that there was full and fair disclosure. Hence the matter was remanded for reconsideration as to whether immunity from penalty and prosecution ought to be granted or not. The Court is of the opinion that there is no error apparent on the face of the record or any other grounds that merit consideration for reviewing the order. HELD THAT - We do not find any good ground and reason to interfere with the impugned judgment(s) and hence the special leave petitions are dismissed. We however clarify that the remit direction has not been interfered with. The matter(s) would be examined in accordance with law without being influenced by the findings recorded in the impugned judgment(s). Pending application(s) if any shall stand disposed of.

Summary

The Supreme Court, comprising Hon'ble Chief Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice Joymalya Bagchi, issued an order regarding the special leave petitions presented by the petitioner, represented by senior advocate Mr. Balbir Singh and others. The Court found no sufficient grounds to interfere with the impugned judgments and thus dismissed the special leave petitions. However, the Court clarified that the remit direction remains unaffected and the matters will be examined "in accordance with law" without being influenced by the findings of the impugned judgments. All pending applications are disposed of.