TaxTMI 
TaxTMI 
2024 (4) TMI 459
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....e Act'], besides summoning order dated 27.02.2017 (Annexure P5); order dated 15.12.2022 (Annexure P6) framing charges against the petitioner and all the consequential proceedings arising therefrom, as the matter has already been settled by the Settlement Commission, Income Tax Department vide order dated 21.06.2018 (Annexure P7). 2. Ld. counsel contends that pursuant to a search under Section 132 of the Act, conducted in the premises of the petitioner, notice under Section 153-A of the Act was issued requiring the petitioner-assessee to file the return within 10 days of the receipt of the notice dated 11.04.2016 (Annexure P1). Petitioners sought time to enable him to file the return. However, another notice dated 26.05.2016 (Annexure P2) w....
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.... to contest the petition. 5. Annexure P3 would reveal that non-compliance of notice under Section 153A of the Act was alleged on part of the petitioner for the assessments year 2009-2010 to 2015-16. Complaint (Annexure P4) to prosecute the petitioner under Section 276CC of the Act has been filed for not filing the return for the assessment year 2013-14. Annexure P7 is the copy of the order dated 21.06.2018 passed by the Income Tax Settlement Commission under Section 245D(4) of the Act in respect of notice under Section 153A of the Act for Assessment years 2009-2010 to 2014-15; and also notice issued under Section 143(2) for the assessment year 2015-16. It is revealed from the order that matter was settled and immunity was granted to the pe....
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.... of immunity is called for in a given case is to be decided by the Commission on the facts of each case and no straight-jacket formula for any universal application can be laid down. In the instant case, the Commission has been satisfied that grant of immunity is called for. Since that decision has not been questioned by the Income Tax Authorities, it has attained finality. Conditions required to be fulfilled before immunity can be granted are that the Commission has to be satisfied that the applicant (a) has made full and true disclosure of his income and the manner in which such income has been derived and (b) has co- operated with the Commission in the proceedings before it. In the instant case as the records reveal the application for s....
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....rder or withdrawal of immunity in terms of Section 245H(2). 8. It may be noted here that High Court had declined to quash the proceedings on ground that proceedings were pending before the Commission. The view of the High Court is on terra firma. This Court in P. Jayappan v. S.K. Perumal, First I.T.O. (1984) 149 ITR 696 (SC) observed that merely because the application for settlement is pending before the Commission that cannot be a ground to quash the pending prosecution. But the position has changed in this case as after High Court's judgment, final orders have been passed by the Commission according immunity on an application presented, apparently before the institution of the proceedings for prosecution. 7. In Mohan Lal Darshan K....