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of <h1>Court Upholds Settlement Commission's Power Over Income Tax Assessment Stay</h1> <h3>Deen Dayal Didwania Versus Union Of India And Others (and Other Writ Petitions)</h3> Deen Dayal Didwania Versus Union Of India And Others (and Other Writ Petitions) - [1986] 160 ITR 12, 52 CTR 253, 24 TAXMANN 602 Issues involved: 1. Delay in proceedings before the Settlement Commission under section 245C of the Income-tax Act, 1961. 2. Whether income-tax authorities can proceed with assessment proceedings while the Settlement Commission is considering the application.Issue 1: Delay in Settlement Commission proceedings The petitioners sought direction for the Settlement Commission to expedite the application under section 245C. The delay was due to supplementary applications requiring additional reports from the Commissioner, granting discretion to the Settlement Commission to proceed or reject the application. The court declined interference but urged prompt decision by the Settlement Commission.Issue 2: Assessment proceedings during Settlement Commission consideration The question was whether income-tax authorities could continue assessment proceedings while the Settlement Commission deliberated on the application. The provision in the Act allowed exclusion of certain periods in assessment limitation, but did not mandate a stay of proceedings during Settlement Commission review. The court found no statutory basis for a stay and noted potential revenue loss if proceedings were delayed. It emphasized that the Settlement Commission, if it proceeds, retains full power to make appropriate orders regardless of assessment outcomes.In conclusion, the court dismissed the petition and related petitions, citing lack of statutory provision for a stay of income-tax assessment proceedings during Settlement Commission review and the potential adverse impact on revenue collection in the circumstances of the case.
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