2017 (11) TMI 735

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.....Sivaraman ORDER Heard Mr.A.P.Srinivas, learned Senior Counsel appearing for the revenue/petitioner and Mr.R.Sivaraman, learned counsel appearing for the second respondent/assessees. 2.The petitioner is the Commissioner of Income-tax, Central III, Chennai, and the challenge is to the order passed by the Settlement Commission (IT & WT), Chennai, dated 30.04.2003. It may not be necessary fo....

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....7 for the assessee Tmt.T.R.S.Saraswathy. This application was entertained by the Commission and an order to the said effect was passed under Section 245 D(1) of the Income Tax Act, 1961, dated 30.01.1997. In the meantime, pursuant to the search and seizure operations, the assessment was made in respect of both the assessees for the period ending up to 06.11.1996. Once again, the assessees filed ap....

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....vely. 4.Learned counsel for the assessees has placed before this Court the paper book of the SLPs and I find from the grounds raised therein, that the challenge was to the power of Settlement Commission to have entertained the application for settlement. In fact, this was the very same contention, which was canvassed before the commission and dealt with in the impugned order. These SLPs filed b....

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....rm 'gase' as defined under Section 245A(b) includes the block assessments to be made in search cases. Therefore, the pending SLPs before the Hon'ble Supreme Court will be withdrawn". Pursuant to these instructions, many similar appeals have already been withdrawn. In these pending matters, no instructions have yet been received but having regard to the circular, it is clear th....