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TMI Blog2018 (7) TMI 1734X X X X Extracts X X X X X X X X Extracts X X X X ..... rfere with the orders of the Settlement Commission only when it is contrary to law, perverse or the decision making process is flawed. In this case, we are of the prima-facie view that the basis of rejection is contrary to law laid down by this Court. The failure to disclose was essentially on account of Retention money, Purchase of steel, Sub- contracting and Sales Commissions. We prima-facie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion. Moreover, in the present facts, so far as, retention money is concerned, the claim was made by the petitioners on the basis of the decision of this Court in Commissioner of Income-Tax V/s. Associated Cables Pvt. Ltd, [2006 (8) TMI 135 - BOMBAY HIGH COURT]. - Writ Petition NO. 13194 OF 2017 Alongwith Writ Petition NO. 13195 OF 2017 Alongwith Writ Petition No. 13196 OF 2017 Alongwith Writ Peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce with law. On 5th January, 2018 we had granted ad-interim stay of the impugned order dated 30th August, 2017. 4. The impugned order of the Tribunal has rejected the petitioner's application for settlement on the ground under Section 245(D)(4) of the Act on the ground that there was failure to make a full and true disclosure of its income on the part of the petitioner. We interfere with t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner of Income- Tax V/s. Income-Tax Settlement Commission, [2017] 79 taxmann.com 186 (Bombay) has held, that to establish there was failure to make a full and true disclosure of income as required under Section 254(C)(1) of the Act, it would be necessary for the Revenue to prove that there was a non-disclosure of primary facts and not merely non-acceptance of certain claims made before the Commissi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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