9911796707
TMI Blog2002 (4) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... assed by the Settlement Commission. It was not open to the High Court to say that the impugned order passed by the Settlement Commission was in any way illegal or void - orders passed by the High Court are set aside - - - - - Dated:- 4-4-2002 - Judge(s) : M. B. SHAH. and BISHESHWAR PRASAD SINGH. ORDER Leave granted. Being aggrieved and dissatisfied by the judgment and order dated June ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... subject to the applicant co-operating with the Department in any proceedings for assessment, penalty or prosecution in case of ENP. The delay of six months in filing the return will be condoned and no interest under section 139(8) will be charged. Interest under section 215/217 will however be charged for a period of twelve months." This order is passed in view of the power conferred on the Set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sub-section (4) of section 245D shall be conclusive as to the matters stated therein and no matter covered by such order shall, save as otherwise provided in this Chapter, be reopened in any proceeding under this Act or under any other law for the time being in force." In the present case before the Settlement Commission, the appellants stated that the company has earned additional income in it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Settlement Commission considered the aforesaid disclosure made by the appellants. But as the reassessment for the assessment year 1985-86 was over, it had not reopened the said re-assessment for that assessment year. However, for subsequent assessment year 1986-87, the appellant's case was considered and thereafter necessary order for reassessment was passed. Finally, with regard to the penalties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he impugned order passed by the Settlement Commission was in any way illegal or void. Hence, in view of the order passed by the Settlement Commission, the prosecution which is pending against the appellants would not survive. In the result, the appeals are allowed to the aforesaid extent and the impugned orders passed by the High Court are set aside. The respondent is permitted to deposit Rs. 5, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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