9911796707
TMI Blog2022 (3) TMI 1037X X X X Extracts X X X X X X X X Extracts X X X X ..... ased to operate w.e.f. 1st February, 2021 in view of the aforesaid amended Finance Act - HELD THAT:- Admittedly, in this case, application for settlement under Section 245C(1) of the Act was filed on 17th March, 2021 while the Settlement Commission had ceased to operate w.e.f. 1st February, 2021 in view of the aforesaid Finance Act, 2021 amending the provisions of the Act. In view of this admitted position of the petitioner himself that notice under Section 153A of the Act was issued to the petitioner on 2nd February, 2021 which according to the petitioner is the date of commencement of assessment proceeding, question of petitioner being eligible to file settlement application on 31st January, 2021 by virtue of said order of the Board do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the ground of discrimination in exercise of power under Section 119 (2) (b) of the Income Tax Act, 1961 is concerned, we hold the said order of the Board as constitutionally valid and legal and is perfectly within the power conferred upon it under the aforesaid provision of law and the same is not discriminatory for the reason that the petitioner does not stand on the equal footing as of the class of person covered under the said order of the Board. - Md. Nizamuddin , J. For the Appellant : R.V. Easwar, P. Bansal, Saumya Kejriwal, Ananya Ram and G.S. Gupta For the Respondents : Y.J. Dastoor, ASG, Debasish Chowdhury and Soumen Bhattacharjee ORDER In this matter, petitioner has challenged the impugned order dated 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me day had filed the application under Section 245C of the Act. It is admitted fact that he has filed the application for settlement on 17th March, 2021 which is long after the Settlement Commission was ceased to operate. Petitioner in support of his contention relies on order of the Central Board of Direct Taxes, dated 28th September, 2021 bearing P. No. 299/22/2021-Dir (Inv. III) issued under Section 119 (2) (b) of the Income Tax Act, 1961 and submits that it has relaxed time for such type of applicant who could not file any application for settlement after 1st of February, 2021. The said order of the Board is quoted hereunder for the sake of convenience:- Subject: Order under section 119(2)(b) of the Income Tax Act, 1961 for fili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y to the Settlement Commission prior to 01.02.2021, to admit an application for settlement on behalf of the Interim Board filed after 31.01.2021, which is the date mentioned in subsection (5) of Section 245C of the Act for filing such application, and before 30.09.2021 and treat such applications as valid and process them as pending application as defined in clause (eb) of Section 245A of the Act. 4. The above relaxation is available to the applications filed:- i) by the assessees who were eligible to file application for settlement on 31.01.2021 for the assessment years for which the application is sought to be filed (relevant assessment years); and ii) where the relevant assessment proceedings of the assessee are pending ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... every statutory authority acts within the four corners of law and that the law is properly implemented and it is not the duty of the Court to legislate the law or to issue any circular, notification of like nature or to take such type of policy decision granting relief to the petitioner beyond the scope of the aforesaid order of the Board amounting to amend the aforesaid order of the Central Board of Taxes acting under the power conferred upon under Section 119 of the Income Tax Act, 1961. In view of the discussion made above, I hold that the impugned order dated 14th January, 2022 passed by the Settlement Commission is in accordance with law and is legal and valid and in rightful exercise of the jurisdiction conferred upon it. I do not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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