2015 (5) TMI 684

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....ommission), Mumbai. By the impugned order dated 19/05/2014 the settlement application filed by the respondent for assessment years 2011-12 to 2013-14 have all been held not to be invalid and is allowed to be proceeded with further in accordance with law. 3. On 27/03/2014, the respondent-assessee filed a settlement application for assessment years 2011-12 to 2013-14 under Section 245C(1) of the Act. On 3/04/2014, the Settlement Commission by order passed under Section 245D(1) of the Act admitted the settlement application. Thereafter, in terms of Section 245D(2B) of the Act, the petitioner-Revenue furnished a report on 29/04/2014 praying that the settlement application as filed by the respondent be rejected as invalid. This was inter alia o....

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....ioner and the respondent before it and finally disposes off the petitioner's objection by passing the impugned order under Section 245D(2C) of the Act on the following finding : "We have considered in the above case the report filed by the CIT under the provisions of section 245D(2B). We have also considered the arguments put forward during the hearing by Shri Rejeshwar Yadav who appeared on behalf of the department before us. Shri Yadav's arguments were mainly concentrated on the ground that true and full disclosure has not been made. After considering the report the argument of Shri Yadav and the detailed argument put forward by Shri Phadke on behalf of the applicant we are of the considered view that all the conditions specified....

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....ording of submissions without considering why the submissions are acceptable or not, would clearly exhibit nonapplication of mind. 7. Mr. V.P. Thali, learned Counsel appearing for the respondentassessee very fairly submits that he has no objection if the impugned order is set aside and the issue is restored to the Settlement Commission for fresh disposal at the stage of 245D(2C) of the Act. However, he points out that after the respondent filed their application before the Settlement Commission on 27/03/2014 for the Assessment year 2011-12 to 2013-14 and the same was allowed to be proceeded with under Section 245D(1) of the Act on 3/04/2014, the petitioner has issued notices dated 17/12/2014 and 29/04/2015 under Section 271D of the Act see....