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The Tax Publishers2019 TaxPub(DT) 8214 (SC) INCOME TAX ACT, 1961
Section 261 Section 245HA
Where the Department preferred SLP to appeal against the judgment of Gujarat High Court in M. Kantilal and Exports v. ITSC [Special Civil Application Nos. 20443 to 20446 of 2017, dt. 13-3-2018] : (2019) 411 ITR 542 (Guj) : 2018 TaxPub(DT) 4077 (Guj-HC), whereby the High Court held that If the proceedings were delayed due to the reasons attributable to the applicants, the provision for abatement would apply but not otherwise that the Settlement Commission had not recorded any such finding and the department had not brought any facts to permit any further inquiry in this respect by the Settlement Commission thus, in plain terms, therefore, there was no material to hold that the application for settlement of the present assessee were belated due to the reasons attributable by assessee, the Supreme Court dismissed the SLP, however, leaving all questions of the law open.
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Appeal (Supreme Court) - Special Civil petition - Settlement Commission - Settlement of cases--Abetment of proceedings
Department preferred SLP to appeal against the judgment of Gujarat High Court in M. Kantilal and Exports v. ITSC [Special Civil Application Nos. 20443 to 20446 of 2017, dt. 13-3-2018] : (2019) 411 ITR 542 (Guj) : 2018 TaxPub(DT) 4077 (Guj-HC), whereby the High Court held that If the proceedings were delayed due to the reasons attributable to the applicants, the provision for abatement would apply but not otherwise thus, the Settlement Commission had not recorded any such finding and the department had not brought any facts to permit any further inquiry in this respect by the Settlement Commission, in plain terms, therefore, there was no material to hold that the application for settlement of the present assessee were belated due to the reasons attributable by assessee. Held: While allowing the Special Civil Applications, the High Court had revived the proceedings and directed the Settlement Commission to dispose of the proceedings in accordance with law. Having considered the entirety of the matter, no reason is made out to interfere. Therefore, the special leave petitions was dismissed leaving all the questions of law open to be agitated and considered in the pending matter. Pending applications, if any, stand disposed of accordingly.
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