Court dismisses challenge to Income Tax Settlement Commission order under Income Tax Act, 1961 The court dismissed the petition challenging an order by the Income Tax Settlement Commission regarding a settlement application under Section 245C of the ...
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Court dismisses challenge to Income Tax Settlement Commission order under Income Tax Act, 1961
The court dismissed the petition challenging an order by the Income Tax Settlement Commission regarding a settlement application under Section 245C of the Income Tax Act, 1961. The Commission had allowed the application, called for a report, and issued a preliminary order under Section 245D(2C), deeming the application valid. Despite a subsequent order under Section 245D(4), the petitioners did not challenge it. The court acknowledged a personal dispute among family members but declined to entertain the petition, noting that the appropriate forum had been approached for redressal.
Issues: Challenge to order passed by Income Tax Settlement Commission regarding settlement application; Validity of application under Section 245C of the Income Tax Act, 1961; Further order under Section 245D(4) of the Act; Personal dispute among family members; Dismissal of petition.
Analysis: The petition challenged an order dated 02.02.2018 by the Income Tax Settlement Commission regarding the settlement application of certain respondents. The petitioners contended that the respondents, who are directors of a company, did not disclose crucial information before the Settlement Commission. They raised concerns about shares being sold to other companies and a personal dispute within the family. The Settlement Commission had allowed the application under Section 245D(1) of the Income Tax Act, 1961 and subsequently called for a report from the Principal Commissioner of Income Tax. The order passed by the Settlement Commission was preliminary in nature under Section 245D(2C) of the Act, which deemed the application valid after due consideration. The Settlement Commission was required to pass a further order under Section 245D(4) after examining records and reports. Despite a subsequent order being passed by the Settlement Commission, the petitioners did not challenge it. The court noted the personal dispute among family members and observed that the appropriate forum had been approached for redressal. Consequently, the court dismissed the petition, declining to entertain it.
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