2020 (2) TMI 997

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....Hussain, Adv. Mr. Kanu Agrawal, Adv. Ms. Shraddha Deshmukh, Adv. Mrs. Anil Katiyar, AOR Mr. Sanjeev Menon, Adv. Mr. Piyush Goyal, Adv For the Respondent : Mr. Percy Pardiwala, Sr. Adv. Ms. Vasanti B. Patel, Adv. Ms. Praveena Gautam, AOR Mr. Pawan Shukla, Adv. Mr. Raja Ram, Adv. Ms. Sweety Pandey, Adv ORDER 1 Delay condoned. 2 Leave granted. 3 The High Court of Judicature at Bombay, by an....

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....rd to the principles which have been enunciated by this Court in Ajmera Housing Corporation v Commissioner of Income Tax (2010) 8 SCC 739. Mr Zoheb Hussain submitted that, in the course of the search, an amount of Rs. 74.55 crores was offered as additional income, including a sum of Rs. 6.03 crores, pertaining to AY 2006-2007. Learned counsel then adverted to the fact that during the pendency of t....

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....iction to arrive at a settlement. 5 Opposing these submissions, Mr Percy Pardiwala, learned Senior Counsel appearing on behalf of the second respondent, submitted that the order of the Settlement Commission was given effect to in June 2015 on the receipt of a copy in May 2015. The second respondent, it has been submitted, paid up the entire amount, which was due and payable towards taxes and int....

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....are of the view that it would be appropriate and proper, in the interests of justice, for the writ petition to be heard on merits by the High Court, subject to payment of costs, which would be a condition precedent. The High Court ought not to have dismissed the petition on the ground of delay. The appellant raises issues which are worthy of consideration on merits. We accordingly order and direct....