9911796707
TMI Blog2022 (3) TMI 1565X X X X Extracts X X X X X X X X Extracts X X X X ..... ion not later than 30.09.2021 as being discriminatory and violative of Article 14 of the Constitution of India and also the amendment to Income Tax Act by which the Settlement Commission was abolished with effect from 01.02.2021 Commission opined that in the assessees case notice u/s 153(A) of the Act was issued on 02.02.2021 and as such the relevant assessment proceedings were not pending as on 31.01.2021 and, therefore, the assessee were directed to show cause as to why the applications filed on 08.03.2021 should not be rejected as no relevant assessment proceedings were pending as on 31.01.2021 (that is before 01.02.2021). HELD THAT:- In our view, all legal issues can be considered only after the respondents file their affidavit-i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssued by the assessing officer remain stayed. - Hon ble T. S. Sivagnanam, J And Hiranmay Bhattacharyya, J For the Appellant : Mr. J. P. Khaitan, learned Senior Counsel, Mr. Saumya Kejriwal, Ms. Ananya Rath And Mr. G. S. Gupta For the Respondent : Mr. Vipul Kundalia, learned Senior Counsel, Mr. Anurag Roy And Ms. S. Majumder ORDER The appellants shall deposit the deficit court fees during the course of the day. Supplementary affidavit filed in MAT 376 of 2022 is taken on record. We have heard Mr. Khaitan, learned senior counsel for the appellant and Mr. Kundalia, learned senior counsel for the Income Tax Authorities at length. The assessees had filed the present appeals against the common order dated 23.02.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng unconstitutional or illegality in the said Circular. We take note that there is no specific finding recorded by the learned writ Court with regard to challenge made by the appellants to the amendment to the Act by which the Settlement Commission stood abolished with effect from 01.02.2021. After hearing the learned counsel for the parties for a considerable period of time, we are of the view that the interesting and important question of law have been raised in the appeals which are to be decided. The applications filed by the appellants before the Settlement Commission on 08.03.2021 were subsequently rejected after issuance of the show cause notice. The Commission opined that in the assessees case notice under Section 153(A) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Commission, the applications were rejected. As observed by us, the interesting question of law arises for consideration in these appeals wherein we are required to interpret Section 153(A) of the Act, in particular, subsections contained therein read with Section 245(a), 245(C) and other related provisions. We also have to consider as to whether the case of the appellants fall within the definition of the case as defined under Section 245(A)(b) of the Act. That apart, challenge to the amendment to the Act been discriminatory and ultra vires of the Constitution of India also needs to be considered. There is also a challenge to the CBDT Circular as the same has been discriminatory and violative of Article 14 of the Constitution of India. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation under Section 153(B) of the Act states that the period during which the assessment proceedings is stayed by an order or an injunction of any court stands excluded while computing period of limitation under Section 153(B) of the Act. Therefore, the Revenue s interest is sufficiently safeguarded. That apart, we also take note of the fact that the assessees by filing applications before the Settlement Commission has admitted additional income and also remitted tax and interest on the additional income so admitted. This also would go to safeguard the interest of the Revenue. Hence, the notices issued by the assessing officer remain stayed. The respondents are directed to file affidavit-in-opposition within four weeks from date after se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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