2026 (7) TMI 1170

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....DEY For the Petitioners: Mr. Ajay Kumarani, Advocate For the Respondents No. 2 to 6: Mr. Abhimanyu Bhandari, Senior Advocate appearing through video-conferencing assisted by Mr. Krishna Tandon, Advocate. JUDGMENT 1) By way of this petition, the petitioners have sought following reliefs:- 10.1 That this Hon'ble Court may kindly be pleased to Call for the entire records concerning the case of the petitioner for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and quashing the final order u/s 245D (4) of the Act dated 31/10/2012 by the Settlement Commission, Kolkata (Annexure P/1). 10.3 That, this Hon'ble Court may kindly be ple....

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....he suitcase contained documents showing investments exceeding Rs. 30 crores in the names of Babulal Agrawal and his family members. Between 4.2.2010 to 6.2.2010, Directorate of Income Tax (Investigation), Bhopal conducted search and seizure operation under Section 132 of Income Tax Act and statements under Section 132(4) were also recorded. On 19.2.2010, Economic Offences Wing/Anti-Corruption Wing, Chhattisgarh registered FIR against Babulal Agrawal under Sections 13 (1)(e) and 13 (2) of Prevention of Corruption Act, 1988 for possession of assets disproportionate to his known sources of income. 3) On 10.1.2011, Directorate of Enforcement (ED) registered ECIR No. -ECIR/01/NGR/2011 under the Prevention of Money Laundering Act, 2002 against....

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....the Settlement Commission therefore order passed on 31.10.2012 would amount to outcome of fraud and misrepresentation. He also submits that application for rectification was moved by the petitioner-department for rectification but the Settlement Commission failed to consider the grounds raised therein. He prays to allow this writ petition. 5) On the other hand, learned Senior counsel appearing for the respondents No. 2 to 6 submits that initially, the composite order was passed by the Settlement Commission on 31.10.2012 and it was within the knowledge of petitioner-department and no steps were taken by them to avoid the very order but the petitioners approached the Settlement Commission for rectification after period of five years and th....