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TMI Blog2019 (8) TMI 1434X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the order passed in the case of Parasmal Jain by the Settlement Commission has become final. While that being so, if the objections of the learned Standing Counsel for the respondents is to be accepted, the possibility of double taxation for one transaction may occur. As such, this Court is of the view that the issue in the case of the petitioner herein could be reconsidered, in the light of the subsequent development through the orders passed by the Settlement Commission in the case of Parasmal Jain. Consequently, I deem it proper to refrain from addressing any other grounds raised by the petitioner, challenging the impugned proceedings in this writ petition and that any further decision could await, after final orders are passed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .TN/CN51/2014-15/24-30/IT, wherein the very same income admitted by Umed C.Mehta has been dealt with in that proceedings and the application came to be disposed of. In view of the order passed by the Settlement Commission in the case of Parasmal Jain, the respondents cannot tax the petitioner herein on the same transaction, which would result in double taxation. Hence, he would submit that the order of the Settlement Commission passed in the case of the petitioner herein requires to be re-visited. 3. Per contra, the learned Standing Counsel for the respondents submitted that the proceedings pertaining to the petitioner herein before the Settlement Commission are in the nature of admonition and discretionary proceedings and therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quent development through the orders passed by the Settlement Commission in the case of Parasmal Jain. Consequently, I deem it proper to refrain from addressing any other grounds raised by the petitioner, challenging the impugned proceedings in this writ petition and that any further decision could await, after final orders are passed by the Settlement Commission on remand. 6. In the light of the above discussions, the impugned order dated 23.10.2009 is set aside and the matter is remanded back to the Income Tax Settlement Commission for fresh consideration. The petitioner is granted liberty to file a rejoinder to his original application, along with any other supporting documents before the 1st respondent-Commission, within a peri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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