The High Court held that while exercising jurisdiction under ...

Income Tax Settlement Commission's order can't be merit-reviewed by High Court under Article 226.

December 16, 2024

Case Laws     Income Tax     HC

The High Court held that while exercising jurisdiction under Article 226 of the Constitution, it does not assume the role of an appellate authority to conduct a merit review of orders passed by the Income Tax Settlement Commission. Its role is confined to judicial review by applying well-settled principles. The Court would be concerned with the decision-making process adopted by the Commission, not the decision itself. The scope of inquiry is limited to whether the Commission's order complies with statutory provisions of Chapter XIX-A of the Income Tax Act. The Court cannot decide on facts or interpretation of documents. A defect vitiating a settlement must vitiate the whole, not merely a part. A settlement partakes the nature of a negotiated contract with a "give and take." The settlement must fail or succeed as a whole, as partial acceptance is not envisaged under the Income Tax Act. The Court must defer to the statutory finality envisaged for settlement while exercising judicial review. The Writ Appeal was dismissed.

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