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TMI Blog2024 (8) TMI 1433X X X X Extracts X X X X X X X X Extracts X X X X ..... t petition was filed challenging the withdrawal of immunity on the ground that the petitioner was not heard HELD THAT:- We find that the communication of the Government of India only permitted further proceedings and it cannot be considered to be an order of withdrawal of immunity. The immunity was granted by the Settlement Commission and was subject to the condition of payment being satisfied. The Central Government cannot withdraw the immunity granted by the Settlement Commission, if the conditions are satisfied. But, on the other hand if the conditions are not satisfied within the time period, the immunity would automatically cease to operate. The order of the Central government hence only directs proceedings on the cessation of immunity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... since even according to the petitioner he has not complied with the interim order. The order of the Settlement Commission and the interim order of this Court has worked itself out; both, on noncompliance of the conditions of payment, by the petitioner. The consequences with respect to immunity having been set at naught, would be visited on the petitioner. The Settlement Commission s order would not be enforceable, but we made it clear that the delayed payments made would be set-off against the demands raised against the petitioner either interest or principle due, as the statute mandates. - Honourable The Chief Justice And Honourable Mr. Justice Rajiv Roy For the Petitioner/s : Mr. D.V. Pathy, Advocate, Mr. Sadashiv Tiwary, Advocate For t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Anil Kumar would have substantial tax liabilities. The learned A.R. sought payment of taxes in eighteen installments in all cases. Considering the facts and the demand likely to arise, we grant installments in the case of M/s PBL, M/s patliputra Hytech Pvt. Ltd. and Shri Anil Kumar only. These three applicants shall pay 25% of their demand by 15th March, 2016. The balance 75% would be paid in equal monthly installments in F.Yr. 2016-17. 96.1 Credit for adjustment of seized cash in the case of PBL shall be allowed from the date of seizure. As we have adjusted income year-wise, and also from one from one applicant to another while determining the income, the surplus tax paid in any year may be adjusted with another year. Similarly, any refun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ects proceedings on the cessation of immunity. The hearing of the petitioner is an empty formality because the petitioner does not have a case that he even paid one pie as per the settlement order. 5. The immunity granted was on condition of the petitioner satisfying the Settlement Commission s order which also prescribed specific time frame for payment. The Settlement Commission s order works itself out if the payment is not made in accordance with the directions therein and automatically, the immunity stands withdrawn. We find absolutely no reason to interfere with the order. 6. Now, the learned counsel specifically takes us to an order passed by this Court at the time of admission by a different Division Bench, on 25.08.2021. After refer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom Annexure- 5 series produced by the petitioner in the supplementary counter affidavit are far later to that. Hence, just as the Settlement Commission s order worked itself out, the interim order of this Court also worked itself out. 8. The learned Standing Counsel for the respondent department also pointed out from the counter affidavit that the delay would create the liability of interest, interest on interest and penalty also, which has been tabulated in the counter affidavit dated 24.04.2023 filed by the department. We would only say that the statutory consequences follow. 9. It is submitted by the learned counsel appearing for the department that the quantum as submitted by the petitioner is also not the actual amounts made liable on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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