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TMI Blog2019 (11) TMI 601X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Respondents in both W.Ps : Mrs.Hema Muralikrishnan and Mr.ANR.Jaya Pratap Standing Counsel COMMON ORDER The petitioner in these Writ Petitions has challenged an order of the Income Tax Settlement Commission (ITSC) dated 19.03.2004 on the ground that it does not have the power to invoke Section 154 of the Income Tax Act, 1961 (in short 'Act') dealing with rectification of mistakes. Thus, according to the petitioner, the impugned order is bereft of jurisdiction. 2. The trajectory of the matter is that as against the order of the Settlement Commission dated 28.12.1995 passed under section 245D(4) of the Act, the Revenue had filed a petition for Special Leave before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Settlement Commission by the Supreme Court on 12.11.2002. While the petition for Special Leave was pending before the Supreme Court, two Miscellaneous Applications were filed before the Settlement Commission on the aspect of leviability of interest and the impugned order of the Settlement Commission dated 19.3.2004 has been passed in response thereto. The order is challenged solely on the ground that the Settlement Commission does not have an inherent power to assume jurisdiction in terms of Section 154 of the Act. 4. The question of assumption of jurisdiction by the Settlement Commission in terms of Section 154 of the Act has been considered by a Division Bench of the Supreme Court in the case of Brij Lal and others ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mines the provisions of sections 245C(1B) and 245C(1C), one finds that various situations are taken into account while computing the additional amount of tax payable, viz., if the applicant has not filed his returns, if he has filed but orders of assessment are not passed or if the proceedings are pending for re-assessment under section 147 (again in Chapter XIV) or by way of appeal or revision in connection with such re-assessment and the applicant has not furnished his return of total income in which case tax has to be calculated on the aggregate of total income as assessed in the earlier proceedings for assessment under section 143 or under section 144 or under section 147 [see section 245C(1B)]. The point to be noted is that in computat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #39;s case that the law got settled that the nature and the character of the interest was compensatory and mandatory and that the Commission had no such power. But even in Ghaswala, the question as to whether such interest under section 234B should run up to the order under section 245D(1) or up to the date of the order under section 234D(4) was not decided. In fact, that was the reason for the Orders of Reference to the Constitution Bench of this Court vide orders dated 14.12.2004 and 20.1.2005. There is one more reason for this Reference. In the case of CIT v. Hindustan Bulk Carrier [(2003) 259 ITR 449], a 3- Judge Bench of this Court, by majority, held that where, upon the Order of the Settlement Commission under section 245D(4), there a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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