| Case ID |
f6664f71-5293-417b-bd9c-50728b7f6005 |
| Body |
View case body. Login to View |
| Case Number |
CIVIL MISC. WRIT PETITION No. 561 OF 1999 |
| Decision Date |
Sep 27, 2004 |
| Hearing Date |
|
| Decision |
The writ petition was dismissed as lacking merit. The Settlement Commission's findings were upheld, indicating that the petitioners were confronted with evidence before approaching the Commission. The court noted that the petitioners did not suffer any prejudice from not receiving a copy of the Commissioner's report, as the information was already known to them. The assessment order, which was based on the evidence collected, was also confirmed, and the court found no infirmity in the Settlement Commission's decision. |
| Summary |
This case revolves around the Income Tax Settlement Commission's handling of a settlement application filed by Ganesh Bartan Bhandar following a search operation that revealed undisclosed income. The Allahabad High Court found that the Commission's dismissal of the application was justifiable based on evidence presented during the assessment process. The court emphasized the importance of full disclosure in tax matters and the legal implications of failing to comply with tax regulations. The case highlights the judicial approach towards tax settlements and the need for transparency and accountability in financial declarations. Keywords include Income Tax, Settlement Commission, tax liability, judicial review, legal compliance, assessment order, and tax regulations. |
| Court |
Allahabad High Court
|
| Entities Involved |
Not available
|
| Judges |
R.K. Agrawal,
K.N. Ojha
|
| Lawyers |
Rakesh Kumar,
A.N. Mahajan
|
| Petitioners |
Ganesh Bartan Bhandar
|
| Respondents |
Income Tax Settlement Commission
|
| Citations |
2005 SLD 2482,
(2005) 276 ITR 544
|
| Other Citations |
R.B. Shreeram Durga Prasad and Fatehchand Nursing Das v. Settlement Commission 1989 UPTC 939 (SC),
Bhaskar Upadhaya v. State of U.P. 1990 AWC 948 (All.),
Managing Director, ECIL v. B. Karunakar AIR 1994 SC 1074,
CIT v. Express Newspapers Ltd. [1994] 206 ITR 443/ 72 Taxman 438 (SC)
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
245C,
132,
148,
142(1),
264,
271(1)(b)
|