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TMI Blog2020 (10) TMI 569X X X X Extracts X X X X X X X X Extracts X X X X ..... e records and investigate the cases for proper settlement - HELD THAT:- If the Settlement Commissioner had all records before him, Revenue had duly made its representation, and the Settlement Commission had thereinafter accepted the settlement, to us the only way of reading the impugned sentence is that the matter was straightforward on the face of the record. It is also not disputed before us that the Settlement Commission necessarily was required to pass orders before 31.3.2008, else the proceedings would have abated. Revenue has not pointed any finger of misconduct against any one of the members of the Settlement Commission. Even before us, the integrity and ability of the members of the Settlement Commission are not in doubt. In thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... That by this writ petition the petitioners seek issuance of an appropriate writ/writs, direction/directions and order/orders on the respondents in the facts and circumstance of the case after quashing the order dated 28.03.2008 passed by the Income Tax Settlement Commission (IT WT), Kolkata, as contained herein in Annexure-3, in settlement applications as contained in Annexure-1 herein, under the section 245D(4) of the Income Tax Act, 1961, (after an order passed by this Hon'ble Court on the Settlement Commission, Respondent No.1 herein to dispose of the applications by 31.3.08, (as contained in annexure-3 herein) whereby and where under after giving the opportunity to the petitioner no.1, the Commissioner Income Tax (Central), Pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecision- making process. 5. Noticeably, the members of the Settlement Commission are the senior-most officers of the department, having sufficient experience, people with immense integrity and outstanding ability, apart from special knowledge and expertise in the subject of direct taxes and business accounts. 6. We are dealing with a case where the Revenue is trying to reopen one such settlement which took place under an application submitted by the assessees, so decided to vide the impugned order dated 28.3.2008. Noticeably, the application pertains to the assessment years commencing from 2000-01 to 2006-07. 7. It is not the case of the Revenue that the assessees did not furnish true and correct particulars as required under law, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uired to pass orders before 31.3.2008, else the proceedings would have abated. Revenue has not pointed any finger of misconduct against any one of the members of the Settlement Commission. 11. Even before us, the integrity and ability of the members of the Settlement Commission are not in doubt. In this background, can an isolated sentence, purportedly crept into the order, be allowed to defeat the object and purpose sought to be achieved with the enactment in question? 12. We clarify that the impugned order stood passed in the presence of the Revenue and none objected to the same. As per the assessees, of which we do not express any opinion, the stand taken is highly immoral for the Authorities to file the instant petition even thoug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vs. M/s Anil Hastkala (p) Ltd. Anr (2010) 329 ITR 41; Commissioner of Income -Tax Versus Hari Kishan Vijayvergia and another, (2011) 336 ITR 174. More so, when our attention is invited to the fact that now as a policy matter, Revenue is not to prolong litigations but bring finality, particularly when the amount of Revenue involved is not more than two crores. 15. We also must keep in mind the words of the Hon'ble Apex Court in Ritesh Tiwari and Anr v. State of Utter Pradesh and Ors (2010) 10 SCC 677, reiterating that the writ jurisdiction is an equitable and discretionary remedy which must be exercised keeping in mind the facts in each individual case, and the advancement of justice as its objective: 26. The power under Artic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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