2002 (4) TMI 8

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..... Being aggrieved and dissatisfied by the judgment and order dated June 22, 2001 (see [2002] 253 ITR 19), passed by the High Court of Madras in Criminal Revision O. P. Nos. 14209 of 1998 and 11832 of 2000, the appellants have preferred these appeals by special leave. It has been contended by learned counsel for the appellants that in view of the specific common order passed by the Settlement....

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....ve months." This order is passed in view of the power conferred on the Settlement Commission to grant immunity from prosecution and penalty under section 245H of the Income-tax Act which empowers the Settlement Commission to grant such immunity if any person has made a full and true disclosure of his income and the manner in which such income has been derived on such condition as it may think f....

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....sion, the appellants stated that the company has earned additional income in its dealings in potato with Express Newspapers Ltd. (ENP) and claimed that ENP had appointed the applicant as its agent to buy and sell potatoes. Instead of purchasing potatoes in the open market as an agent of ENP, it contended that it traded in potatoes belonging to itself which resulted in substantial profits and corre....

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....ssary order for reassessment was passed. Finally, with regard to the penalties and prosecution, the Settlement Commission granted immunity as stated above. Reading the aforesaid order as a whole, it is apparent that the immunity was granted from paying penalties and prosecuting in respect of the fictitious transactions with ENP on conditions as mentioned therein. Therefore, in our view, the immuni....