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TMI Blog2021 (4) TMI 544X X X X Extracts X X X X X X X X Extracts X X X X ..... ccasion to consider the same issue in the case of Hitachi Power Europe GmbH V. Income Tax Settlement Commission and others [ 2020 (9) TMI 540 - MADRAS HIGH COURT] and in very similar circumstances, have held that a discussion on the merits of the taxability of income at the stage 245D(2C) would be beyond the scope of what that provision envisaged.No serious contest is laid to this position by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... For Petitioner: Mr.N.V.Balaji For Respondents: Mrs.Hema Muralikrishnana, Senior Standing Counsel ORDER The petitioner challenges an order of the Settlement Commission (SC)/Commissioner dated 15.05.2019 passed under Section 245D(2C) of the Income Tax Act, 1961 (in short Act) wherein the SC did not permit the petitioner to proceed with the application filed treating the same as inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2015-16 under Section 147 of the Act. The petitioner filed a settlement application under Section 245 C of the Act and an order of admission passed under Section 245D(1) on 23.05.2019. After exchange of reports by the Commissioner of Income Tax and reply by the petitioner, the matter was posted for hearing in terms of Section 245D(2C). 4. The Commissioner in the impugned order has gone into the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that provision envisaged. The decision has been confirmed by the Division Bench on 04.09.2020 in W.A.No.581 of 2020. No serious contest is laid to this position by the revenue. 6. However, revenue points out that the petitioner has been lethargic in approaching this Court and there are laches on its part insofar as the writ petition is filed only after six months from the date of the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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