2024 (2) TMI 1585

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....2207 of 2018 - -<br>Income Tax<br>Honourable The Chief Justice And Honourable Mr. Justice Harish Kumar For the Petitioner/s : Mrs.Archana Sinha, Sr. SC. Income Tax Dept. For the Respondent/s : Mr. Ajay Kumar Rastogi, Advocate ORAL JUDGMENT PER: HONOURABLE THE CHIEF JUSTICE The Department has filed the above writ petition against the order of the Settlement Commission. The prayer mad....

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....T Central, Patna had submitted Rule 9 report on 22.09.2017 and in the said report, there was a prayer made to permit further enquiries on certain issues under Section 245D(3). However, in haste, the Settlement Commission had passed the order on 11.05.2018 is the specific contention. 3. The enquiry as is clear from the memorandum of the writ petition, was with respect to the investment in certai....

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....ommission order and found that there was certain agreements to sell immovable properties recovered at the search conducted, which search itself was on 02.03.2016. The applicants contended that the said agreements either did not culminate in the sale of properties, and in some cases, the parties in the agreement were not in any way connected with the respondent firms, and they were merely proffered....

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....hree of those properties were purchased in the individual names of the partners and not in the names of the party respondent assessees. Proceeding under Section 153A of the Act was initiated against the said persons, in which orders were passed, wherein no adverse inference was drawn. 8. As far as the sale agreement is concerned, the only contention of the Department was that though notices wer....