2018 (8) TMI 1788

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....a/w Mr. Madhur Agarwal I/b Atul Jasani for the respondent P.C. 1. Heard. Rule. 2. This petition challenges the order dated 2nd December, 2016 passed by the Special Bench of the Income Tax Settlement Commission (the Commission) constituted under Section 245BA (5A) of the Income Tax Act, 1961 (the Act). The question for consideration before the Special Bench was as under :1  "Whether in ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lose additional income for each of the assessment years?; and (b) Whether such additional income must result in the liability to pay income tax for each of the assessment years?" 4. The impugned order dated 2nd December, 2016 after assessing the two issues directed the application of M/s. Neptune Group i.e. respondent nos. 2 to 5 herein be disposed of by the Regular Bench in proceedings commenc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....erning the jurisdiction of the Commission. The very fact that a Special Bench of the Commission had to deal with the issue would by itself warrant consideration. 7. This petition raises identical / similar issue as arising in the case of Betul Oil Ltd. Vs. The Settlement Commission (Writ Petition No.2226 of 2016) which is already admitted and its hearing has been expedited. In the above view, thi....