2024 (8) TMI 1028

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.... Rule. Rule made returnable forthwith. By consent of the parties, heard finally. 2. This Writ Petition under Article 226 of the Constitution of India is filed seeking various reliefs, however, the substantive prayers being prayers (c) and (d) of the petition read thus : (c) Issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate Writ, order or direction under Article 226 of the Constitution of India, quashing the Impugned Settlement Order passed u/s 245D (4) of the Act by Respondent No. 2 on 29 December 2023 for AYs 2015-16, 2016-17, 2017-18 and 2020-21 (Exhibit M) as being wholly without jurisdiction, illegal, and arbitrary; (d) Issue a Writ of Mandamus or a Writ in the nature of Mandamus or any othe....

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....the Act while its returns for Assessment Years 2018-19 and 2019-20 filed earlier were pending assessment. On such backdrop, Respondent No. 4 issued to the Petitioner, a notice dated 19 March 2021 under Section 148 of the Act reopening the assessment in respect of the Assessment Year 2016-17. 7. It is in the aforesaid circumstances, the Petitioner on 19 March, 2021 filed a Settlement Application before the ITSC, Additional Bench, Mumbai under Chapter XIX-A of the Act so to avoid protracted litigation and in relation to assessment years in question (A.Y. 2015-16 to A.Y. 2020-21), offered to tax the net profits/income embedded in the undisclosed transactions. Further, it so transpired that on 26 March, 2021, Respondent No. 4 issued reopening ....

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....estion (A.Y. 2015-16 to A.Y. 2017-18 & A.Y. 2020-21), the Interim Board for Settlement passed the impugned order holding that the Petitioner's Settlement Application was not maintainable, as the Petitioner was ineligible to file the Settlement Applications for the said assessment years as no proceedings were pending as on 31 January, 2021 for the assessment years. Being aggrieved by such orders passed by the Interim Board of Settlement, the Petitioner is before the Court. 11. At the outset, the Petitioner would contend that in similar circumstances when the application was held to be not maintainable, proceedings had reached this Court in the case of Sar Senapati Santaji Ghorpade Sugar Factory Ltd. Vs. Assistant Commissioner of Income-....