9911796707
TMI Blog2014 (5) TMI 857X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee has not reflected sum as amount of excise duty paid during the AY 2008-09 in the statement of the case filed before the Commission - if such amount would have been disclosed, the income would be lower than the income declared by the assessee in his statement of facts - by not reflecting the disclosed income for payment of excise duty, the assessee wishes to take benefit of payment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the present writ petition is to an order passed on 21st December, 2012 passed by the Income Tax Settlement Commission (for short, 'the Commission') on an application for rectification of the order passed on 22nd June, 2012. The Petitioner has claimed benefit of the amount of excise duty of Rs.80 lacs, in the rectification application which remained unsuccessful. The petitioner invoke ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fication of the mistake in the order of the Commission was sought. The Commission found that in a petition for settlement, the petitioner has reflected total income returned as Rs.18,13,650, in addition thereto, the petitioner has reflected undisclosed income as Rs.12,87,529. After noticing the said fact, the Commission observed as under:- The above working of income calculated by the appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lea of the applicant, if accepted, would mean that the income of the applicant for the assessment year 2008-2009 would be settled at a figure which is lower by Rs.39,16,849, than the figure himself declared by the applicant in the SOF. After considering the facts discussed above, we are of the view that there is no mistake apparent from records on this issue. We have heard learned counsel f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of undisclosed income. The Commission has framed an opinion that the benefit of the amount of the excise duty can not be given to the petitioner as it would negate even the undisclosed income shown in the statement of facts. Such opinion is possible finding as per the facts noticed by the Commission. In view thereof, we do not find any illegality in the order passed by the Commission, which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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