TaxTMI 
TaxTMI 
2021 (9) TMI 476
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.... notice for the first respondent - Revenue. In the light of the judgment, this Court wishes to render in these appeals, notice to the second respondent is dispensed with and the writ appeals are taken up for final disposal. 2. These writ appeals have been filed by the assessees challenging the common order dated 03.3.2021 passed in W.P.Nos. 31351 and 31352 of 2015. 3. The said writ petitions were filed by the first respondent herein namely the Revenue. 4. The challenge in the said writ petitions was to the orders passed by the second respondent herein namely the Income Tax Settlement Commission (for short, the ITSC) dated 02.3.2015 settling the case of the assessees for the assessment years 2006-07 to 2012- 13. 5. From the averments set....
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....;ble Supreme Court in the case of Brij Lal. Thus, the Revenue partly succeeded in the said writ petitions wherein the learned Single Judge set aside the orders settling the case of the appellants herein in respect of the assessment year 2012-13. 9. In our considered view, a truncated challenge to the orders of the ITSC either at the instance of the assessees or at the instance of the Revenue cannot be maintained. As has been held in several decisions consistently, the Court, while examining the correctness of the orders passed by the ITSC, will examine the decision making process and not the decision itself. 10. Admittedly, in the instant case, the assessees, at the time of filing applications for settlement under Section 245C of the Act,....
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....ny of the assessment years referred to in Clause (b) of Sub-Section (1) of Section 153A or Clause (b) of Sub-Section (1) of Section 153B in case of a person referred to in Section 153A or Section 153C have been initiated, the additional amount of income-tax payable on the income disclosed in the application exceeds fifty lakh rupees. 13. Admittedly, the jurisdiction to assess income of the assessee for six years would arise as a block assessment only in the event of search and therefore, the ITSC rightly took into consideration the year of search namely 2012-13. As pointed out earlier, these are all issues, which are on the merits of the matter and more particularly with regard to the maintainability of the application before the ITSC, whi....
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....lso to be charged on the income as disclosed in the application under Section 245C of the Act." 15. It is submitted by the learned Senior Standing Counsel appearing for the Revenue that the ITSC mentioned that the interest under Section 234B of the Act has to be charged on the income as disclosed in the applications under Section 245C of the Act. The Revenue is, thus, of the view that the Tribunal wrongly mentioned that the interest would be chargeable on the income disclosed. 16. Though the word 'disclosed' gives a slightly distorted meaning, a clear picture emerges if we see paragraph 11.2 of the order passed by the ITSC, which deals with settlement of income. The total income arrived at by the ITSC is Rs. 28,04,72,938/-, which ....