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TMI Blog2016 (9) TMI 862X X X X Extracts X X X X X X X X Extracts X X X X ..... side insofar as the computation of the terminal date for charging of the interest under Section 234(B) alone and the impugned order passed by the Settlement Commission is set aside to that extent and it is held that the Department will be entitled for interest as ordered by the commission in its order dated 12.09.1998 - W. P. No. 19447 of 2003 - - - Dated:- 12-9-2016 - T. S. Sivagnanam, J. For the Petitioner : Mr.R.Kumar For the Respondent : Mr.M.Swaminathan, SC ORDER Heard Mr.R.Kumar, learned counsel appearing for the petitioner and Mr.M.Swaminathan, learned Standing Counsel, appearing for respondent department. 2. The petitioner seeks for issuance of Writ of Certiorari to quash the order passed by the Income Tax S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the authority by the statue and power of review is not inherent with the authority. However, when the statue does not provide power of review with the authority and if it is done, it has to be termed as wholly without jurisdiction. Sub section (1) of Section 245(F) which states that Settlement Commission shall have all powers which are vested in Income Tax Authority under the Act cannot be read in isolation but it should be read in tandem with Section 245(I) and if it is done, then it is to be held that there is no power of review conferred on the Commission to reopen the proceedings. This position held the field till an amendment was inserted under Section 6(b) of Section 245D by Finance Act 2011 with effect from 01.06.2011. Even the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e observation that is required to be made in the instant case is that the Revenue while rectification/recalling of the order passed by the Commission, referred to a decision of the Hon'ble Supreme Court in the case of Hindustan Bulk Carriers and Damani Bros, with respect to the terminal date for charging of interest under Section 234B. Admittedly, these decision were rendered by the Hon'ble Supreme Court much after the final order was passed by the Commission under Section 245D(4). 10. Rudimentary legal principle is that subsequent development of law cannot be a ground to exercise review jurisdiction and that cannot be taken into consideration as an error apparent on the face of the record. Hence, on that ground also, the Depar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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