2020 (1) TMI 729

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....br>Income Tax<br>Mr. Justice C. Saravanan For the Petitioners (in all W.Ps.) : Mr.R.Sivaraman For the Respondents (in all W.Ps.) : Mr.A.P.Srinivas Addl.Govt.Pleader COMMON ORDER Heard the learned counsel for the petitioners and the learned counsel for the respondents Income Tax Department. 2. On 05.01.1999, a search was conducted in the premises of the petitioners. This search led t....

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....a communication dated 26.09.2000, a request was made to the 2nd respondent to adjust the seized cash and bank balance towards 1st installment. By another communication dated 19.12.2000, a similar request was made for adjustment of the additional tax amount from the balance. 5. The Administrative Officer of the 1st respondent Settlement Commission also sent in communication through the 3rd respo....

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....ve adjustments and report the amount so adjusted to the Settlement Commission." 6. According to the 2nd and 3rd respondents, the adjustment was also made on 14.03.2001. However, this aspect appears to have not been communicated to the 1st respondent Settlement Commission. The 1st respondent in its order dated 28.7.2006 also directed the Assessing Officer to verify the position and adjust the se....

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....ures would not have been payable by the petitioners. There appears to be some merit in the contention of the petitioners. At the same time, the fact remains that the petitioners have approached the Settlement Commission for rectification of mistake on 18.08.2006. However, no orders have been passed in those applications filed for rectification of mistake and has approached this Court. 8. Since ....