9911796707
TMI Blog2017 (3) TMI 1918X X X X Extracts X X X X X X X X Extracts X X X X ..... reliefs prayed in this petition, which relates only to assessment, cannot be granted. - MISC. BENCH No. - 4858 of 2008 - - - Dated:- 29-3-2017 - Hon'ble Sudhir Agarwal,J. Hon'ble Ravindra Nath Mishra-II,J. For the Petitioner :- P Agarwal, Rohit Nandan Shukla For the Respondent :- A.S.G.,D.D.Chopra,Ghaus Beg, Mr. Sidharth Dhaon ORDER 1. Heard learned counsel for parties. 2. Petitioners have made following prayers: i) issue a suitable writ, order or direction in the nature of Writ of Certiorari quashing the notice dated 16.5.2008 issued by the Opp. Party no. 3 on the basis of the material seized during the course of search as contained in Annexure No. V to the Writ Petition after summoning the records ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d counsel for petitioners then submitted that Settlement Commission cannot direct Assessing Authorities to make assessment or re-assessment and placed reliance on this Court s judgment in Smt. Neeru Agarwal Versus Union of India and others (2011) 330 ITR 422 (All), but in present case, we find that the order of Settlement Commission itself says that it is not practicable for Commission to examine record and make proper settlement. Relevant extract is reproduced as under: In the above mentioned cases, the Hon ble High Court of Uttar Pradesh at Lucknow has passed orders dated 19.03.2008 directing the Settlement Commission to complete the proceedings u/s 245D (4) by 31.3.2008. 2. The Rule 9 Report in this case has been received. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kiran Tandon Rs. 7,00,000/- Virender Kr. Tandon Rs. 8,00,000/- Total Rs. 59,00,000/- 7. The CIT/AO may take such action as appropriate in respect of the matters, not placed before the Commission by the applicant, as per the provisions of section 245F(4) of IT Act, 1961. 8. Prayer for granting immunity from penalty and prosecution under all Central Acts. In view of the discussions in preceding paras, we grant immunity from prosecution and penalty under the Income Tax Act only as regards issues arising from the application and covered by this Order. 9. Interest leviable, if any, shall be charged as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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