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“income tax settlement commission”

Settlement & AmnestyChapter XIX-AChapter XIX-A448 judgments

The decision most relied on for income tax settlement commission is III v. Vineeta Gupta (46 Taxmann.com 439), cited in 60 judgments on BharatTax.

Leading authorities on income tax settlement commission

III v. Vineeta Gupta
46 Taxmann.com 439 · 2014 · High Court
60
citing judgments

A declaration made by another party before the Income Tax Settlement Commission is not binding on the assessee, and no addition can be made in the assessee's assessment in the absence of independent material connecting the assessee to the transaction.

Ajmera Housing Corpn v. CIT
326 ITR 642 · 2010 · Supreme Court
47
citing judgments

The scope of proceedings before the Income-tax Settlement Commission under Chapter XIX-A is sui generis, primarily for disclosure and akin to arbitration, and not an appellate forum to examine complex legal disputes.

CIT v. Anjum M.H. Ghaswala: 252ITR 1 (SC) 2. CIT v. Elelvinator of India Ltd.
252 ITR 123 · 2001 · High Court
23
citing judgments

The case of CIT v. Anjum M.H. Ghaswala (SC) is authority for the proposition that the Settlement Commission's power regarding waiver of interest under sections 234A, 234B, and 234C of the Income Tax Act can be exercised in relation to the Central Board of Direct Taxes (CBDT).

Anantnadh Constructions and Farms (P.) Ltd. v. DCIT
166 ITD 83 · ITAT
16
citing judgments

An addition to income cannot be made solely on the basis of income offered by an assessee before the Settlement Commission if there is no incriminating material. Information provided to the Settlement Commission, even if admitted under section 245D, can only be used for settlement purposes and not for other proceedings.

Madhucon Projects Ltd. v. CCE for Settlement Commission
72 Taxmann.com 71 · 2016 · High Court
15
citing judgments

Different expressions within a statute must be interpreted to have distinct meanings. This principle is relevant to understanding the definition of 'specified previous year' under Section 271AAB of the Income Tax Act, particularly concerning the phrase 'in which search was conducted'.

Nanji Enterprise Ltd. v. DCIT
84 Taxmann.com 155 · 2017 · High Court
15
citing judgments

Income offered to tax under a settlement application with the Income Tax Settlement Commission cannot be taxed again in the hands of the assessee, as the settlement order by its statutory scheme is final.

Ram Jethmalani v. Union of India
219 ITR 618 · 1996 · Supreme Court
12
citing judgments

Penalty proceedings do not fall within the ambit of Section 245E of the Income-tax Act, and the Settlement Commission exceeds its jurisdiction if it drops penalty proceedings while deciding a settlement application.

Komalkant Faikirchand Sharma v. DCIT
108 Taxmann.com 50 · High Court
10
citing judgments

Once an application for settlement is made under Section 245C(1) and accepted by the Income Tax Settlement Commission (ITSC), and a final order is passed under Section 245D(4), the Assessing Officer loses jurisdiction to reopen the assessment. An order under Section 245D(4) is distinct from a regular assessment under Sections 143(1), 143(3), or 144.

Judgments citing income tax settlement commission

Deputy Commissioner of Income Tax, Central Circle 2, Rajkot vs. Aditya Birla Global Trading(India) Pvt.Ltd. (Swiss Singapore India Pvt. Ltd.), Gandhidham

In the result, appeal filed by the assessee, in ITA No

ITA 284/RJT/2024[2016-17]Status: DisposedITAT Rajkot13 Feb 2025AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

Section 143(3)Section 195Section 37(1)Section 40

opportunity to cross examine the persons of M/s. Shiv Shipping Services. The assessee had also filed the copy of the Hon'ble Income Tax Settlement Commission order passed in the case of Shiv Shipping Services on January 20, 2021 wherein, the Hon'ble Settlement Commission, had accepted the disclosure ... opportunity to cross examine the persons of M/s. Shiv Shipping Services. (iv) The Assessee had also filed the copy of the Hon'ble Income Tax Settlement Commission order passed in the case of Shiv Shipping Services on January 20, 2021 wherein, the Hon'ble Settlement Commission, had accepted the disclosure

Aditya Birla Global Trading (India) Private Limited, Gujarat vs. DCIT-ACIT Cent-2 RKT, Rajkot

In the result, appeal filed by the assessee, in ITA No

ITA 226/RJT/2024[2018-2019]Status: DisposedITAT Rajkot13 Feb 2025AY 2018-2019

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

Section 143(3)Section 195Section 37(1)Section 40

opportunity to cross examine the persons of M/s. Shiv Shipping Services. The assessee had also filed the copy of the Hon'ble Income Tax Settlement Commission order passed in the case of Shiv Shipping Services on January 20, 2021 wherein, the Hon'ble Settlement Commission, had accepted the disclosure ... opportunity to cross examine the persons of M/s. Shiv Shipping Services. (iv) The Assessee had also filed the copy of the Hon'ble Income Tax Settlement Commission order passed in the case of Shiv Shipping Services on January 20, 2021 wherein, the Hon'ble Settlement Commission, had accepted the disclosure

Aditya Birla Global Trading (India) Private Limited, Gujarat vs. Assistant Commissioner of Income Tax, Circle 1, Gandhihdam, Gandhidham, Gujarat

In the result, appeal filed by the assessee, in ITA No

ITA 225/RJT/2024[2015-2016]Status: DisposedITAT Rajkot13 Feb 2025AY 2015-2016

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

Section 143(3)Section 195Section 37(1)Section 40

opportunity to cross examine the persons of M/s. Shiv Shipping Services. The assessee had also filed the copy of the Hon'ble Income Tax Settlement Commission order passed in the case of Shiv Shipping Services on January 20, 2021 wherein, the Hon'ble Settlement Commission, had accepted the disclosure ... opportunity to cross examine the persons of M/s. Shiv Shipping Services. (iv) The Assessee had also filed the copy of the Hon'ble Income Tax Settlement Commission order passed in the case of Shiv Shipping Services on January 20, 2021 wherein, the Hon'ble Settlement Commission, had accepted the disclosure

A.C.I.T., Circle-2, Gwalior vs. Sh. Ram Gopal Garg, Morena

ITA 165/AGR/2014[2010-11]Status: DisposedITAT Agra12 Feb 2025AY 2010-11

Bench: Shri Satbeer Singh Godara & Shri Manoj Kumar Aggarwalita Nos. 113, 164 & 165/Agr./2014 (Assessment Years: 2007-8, 2009-10 & 2010-11)

For Appellant: Sh. Sukesh Kumar Jain, CIT, DRFor Respondent: Sh. Sanjay Kumar, CA
Section 1Section 143(3)

orders under challenge that the corresponding substantive additions had been made in the case Shri Ramesh Chand Garg which stood settled before the Income Tax Settlement Commission way back on 24.06.2013. This clinching fact has nowhere been denied in the Revenue’s identical grounds herein. 5. That being the case

ACIT Circle - 2, Gwalior vs. Ram Gopal Garg, Morena

ITA 164/AGR/2014[2009-10]Status: DisposedITAT Agra12 Feb 2025AY 2009-10

Bench: Shri Satbeer Singh Godara & Shri Manoj Kumar Aggarwalita Nos. 113, 164 & 165/Agr./2014 (Assessment Years: 2007-8, 2009-10 & 2010-11)

For Appellant: Sh. Sukesh Kumar Jain, CIT, DRFor Respondent: Sh. Sanjay Kumar, CA
Section 1Section 143(3)

orders under challenge that the corresponding substantive additions had been made in the case Shri Ramesh Chand Garg which stood settled before the Income Tax Settlement Commission way back on 24.06.2013. This clinching fact has nowhere been denied in the Revenue’s identical grounds herein. 5. That being the case

A.C.I.T., Circle-2, Gwalior vs. Sh. Ram Gopal Garg, Morena

ITA 113/AGR/2014[2007-08]Status: DisposedITAT Agra12 Feb 2025AY 2007-08

Bench: Shri Satbeer Singh Godara & Shri Manoj Kumar Aggarwalita Nos. 113, 164 & 165/Agr./2014 (Assessment Years: 2007-8, 2009-10 & 2010-11)

For Appellant: Sh. Sukesh Kumar Jain, CIT, DRFor Respondent: Sh. Sanjay Kumar, CA
Section 1Section 143(3)

orders under challenge that the corresponding substantive additions had been made in the case Shri Ramesh Chand Garg which stood settled before the Income Tax Settlement Commission way back on 24.06.2013. This clinching fact has nowhere been denied in the Revenue’s identical grounds herein. 5. That being the case

Shri Ajay Agrawal, Agra vs. ACIT Central Circle, Agra

ITA 311/AGR/2016[2005-06]Status: DisposedITAT Agra05 Feb 2025AY 2005-06

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

For Appellant: Sh. Deependra Mohan, CAFor Respondent: Sh. Sukesh Kumar Jain, CIT-DR
Section 153A

that the assessee’s brother already stand assessed on substantive basis qua the same as per the order dated 30.12.2023 passed by the Income Tax Settlement Commission (“ITSC”). The Revenue’s comes on the other hand is that the assessee’s instant argument more requires an afresh factual verification

Shri Alok Agrawal, Mainpuri vs. ACIT, Agra

ITA 227/AGR/2016[2005-06]Status: DisposedITAT Agra05 Feb 2025AY 2005-06

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

For Appellant: Sh. Deependra Mohan, CAFor Respondent: Sh. Sukesh Kumar Jain, CIT-DR
Section 153A

that the assessee’s brother already stand assessed on substantive basis qua the same as per the order dated 30.12.2023 passed by the Income Tax Settlement Commission (“ITSC”). The Revenue’s comes on the other hand is that the assessee’s instant argument more requires an afresh factual verification

H.K. Enterprises, Mumbai vs. Dy CIT - CC-2(4), Mumbai

In the result, all the eight appeals filed by the assessee are allowed

ITA 317/MUM/2021[2015-16]Status: DisposedITAT Mumbai24 Jan 2025AY 2015-16

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 143(3)Section 153ASection 245D(1)Section 250Section 254

account of additional income offered in the application filed u/s. 245D(1) of the Act before the Honorable Income Tax Settlement Commission. 3. The appellant craves leave to add to, alter, amend and/or delete in all the foregoing grounds of appeal 3. Ground No. 1 & 2 both the grounds raised ... assessee on account of additional income offered in the application filed u/s 254(d) of the Act before the Hon’ble Income Tax Settlement Commission (ITSC) in the absence of any incriminating evidence found at time the of search. Therefore, we have decided to dispose off these grounds through

H.K. Enterprises, Mumbai vs. Dy CIT CC - 2(4), Mumbai

In the result, all the eight appeals filed by the assessee are allowed

ITA 316/MUM/2021[2014-15]Status: DisposedITAT Mumbai24 Jan 2025AY 2014-15

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 143(3)Section 153ASection 245D(1)Section 250Section 254

account of additional income offered in the application filed u/s. 245D(1) of the Act before the Honorable Income Tax Settlement Commission. 3. The appellant craves leave to add to, alter, amend and/or delete in all the foregoing grounds of appeal 3. Ground No. 1 & 2 both the grounds raised ... assessee on account of additional income offered in the application filed u/s 254(d) of the Act before the Hon’ble Income Tax Settlement Commission (ITSC) in the absence of any incriminating evidence found at time the of search. Therefore, we have decided to dispose off these grounds through

H.K.Enterprises, Mumbai vs. DCIT, Central Circle-2(4), Mumbai

In the result, all the eight appeals filed by the assessee are allowed

ITA 315/MUM/2021[2017-18]Status: DisposedITAT Mumbai24 Jan 2025AY 2017-18

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 143(3)Section 153ASection 245D(1)Section 250Section 254

account of additional income offered in the application filed u/s. 245D(1) of the Act before the Honorable Income Tax Settlement Commission. 3. The appellant craves leave to add to, alter, amend and/or delete in all the foregoing grounds of appeal 3. Ground No. 1 & 2 both the grounds raised ... assessee on account of additional income offered in the application filed u/s 254(d) of the Act before the Hon’ble Income Tax Settlement Commission (ITSC) in the absence of any incriminating evidence found at time the of search. Therefore, we have decided to dispose off these grounds through

H.K. Enterprises, Mumbai vs. Dy CIT -CC-2(4), Mumbai

In the result, all the eight appeals filed by the assessee are allowed

ITA 314/MUM/2021[2018-19]Status: DisposedITAT Mumbai24 Jan 2025AY 2018-19

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 143(3)Section 153ASection 245D(1)Section 250Section 254

account of additional income offered in the application filed u/s. 245D(1) of the Act before the Honorable Income Tax Settlement Commission. 3. The appellant craves leave to add to, alter, amend and/or delete in all the foregoing grounds of appeal 3. Ground No. 1 & 2 both the grounds raised ... assessee on account of additional income offered in the application filed u/s 254(d) of the Act before the Hon’ble Income Tax Settlement Commission (ITSC) in the absence of any incriminating evidence found at time the of search. Therefore, we have decided to dispose off these grounds through

H.K. Enterprises, Mumbai vs. Dy CIT-CC-2(4), Mumbai

In the result, all the eight appeals filed by the assessee are allowed

ITA 269/MUM/2021[2012-13]Status: DisposedITAT Mumbai24 Jan 2025AY 2012-13

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 143(3)Section 153ASection 245D(1)Section 250Section 254

account of additional income offered in the application filed u/s. 245D(1) of the Act before the Honorable Income Tax Settlement Commission. 3. The appellant craves leave to add to, alter, amend and/or delete in all the foregoing grounds of appeal 3. Ground No. 1 & 2 both the grounds raised ... assessee on account of additional income offered in the application filed u/s 254(d) of the Act before the Hon’ble Income Tax Settlement Commission (ITSC) in the absence of any incriminating evidence found at time the of search. Therefore, we have decided to dispose off these grounds through

H.K. Enterprises, Mumbai vs. Dy CIT-CC-2(4), Mumbai

In the result, all the eight appeals filed by the assessee are allowed

ITA 268/MUM/2021[2013-14]Status: DisposedITAT Mumbai24 Jan 2025AY 2013-14

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 143(3)Section 153ASection 245D(1)Section 250Section 254

account of additional income offered in the application filed u/s. 245D(1) of the Act before the Honorable Income Tax Settlement Commission. 3. The appellant craves leave to add to, alter, amend and/or delete in all the foregoing grounds of appeal 3. Ground No. 1 & 2 both the grounds raised ... assessee on account of additional income offered in the application filed u/s 254(d) of the Act before the Hon’ble Income Tax Settlement Commission (ITSC) in the absence of any incriminating evidence found at time the of search. Therefore, we have decided to dispose off these grounds through

H.K. Enterprises, Mumbai vs. Dy CIT-CC-2(4), Mumbai

In the result, all the eight appeals filed by the assessee are allowed

ITA 267/MUM/2021[2016-17]Status: DisposedITAT Mumbai24 Jan 2025AY 2016-17

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 143(3)Section 153ASection 245D(1)Section 250Section 254

account of additional income offered in the application filed u/s. 245D(1) of the Act before the Honorable Income Tax Settlement Commission. 3. The appellant craves leave to add to, alter, amend and/or delete in all the foregoing grounds of appeal 3. Ground No. 1 & 2 both the grounds raised ... assessee on account of additional income offered in the application filed u/s 254(d) of the Act before the Hon’ble Income Tax Settlement Commission (ITSC) in the absence of any incriminating evidence found at time the of search. Therefore, we have decided to dispose off these grounds through

DCIT-1(2)1, Mumbai. vs. Patil Construction and Infrastructure Ltd, Mumbai

In the result, all the three appeals filed by the revenue

ITA 4944/MUM/2024[2017-18]Status: DisposedITAT Mumbai14 Jan 2025AY 2017-18

Bench: Shri Sandeep Gosain, Hon'Ble & Ms. Padmavathy S., Hon'Bleι.Τ.Α. No.4940/Mum/2024

For Appellant: Mandar VaidyaFor Respondent: Shri Krishna Kumar, Sr. D/R
Section 801A

reiterated the same arguments as were raised by him before CIT(A) and heavily relied upon the orders passed by the Hon'ble Income Tax Settlement Commission (referred to as "ITSC") in assessee's own case and also relied upon the orders of the Coordinate Bench of ITAT in assessee

DCIT-1(2)1, Mumbai. vs. Patil Construction and Infrastructure Ltd, Mumbai

In the result In the result, all the three appeals filed by the revenue s filed by the revenue are dismissed

ITA 4942/MUM/2024[2015-16]Status: DisposedITAT Mumbai14 Jan 2025AY 2015-16

Bench: Shri Sandeep Gosain, Hon’Ble & Ms. Padmavathy S., Hon’Ble

For Appellant: Mandar VaidyaFor Respondent: Shri Krishna Kumar, Sr. D/R
Section 801A

orders passed by the Hon’ble heavily relied upon the orders passed by the heavily relied upon the orders passed by the Income Tax Settlement Commission Income Tax Settlement Commission (referred to as (referred to as “ITSC”) in assessee’s own assessee’s own case and also relied upon

DCIT-1(2)1, Mumbai vs. Patil Construction and Infrastructure Ltd, Mumbai

In the result In the result, all the three appeals filed by the revenue s filed by the revenue are dismissed

ITA 4940/MUM/2024[2014-15]Status: DisposedITAT Mumbai14 Jan 2025AY 2014-15

Bench: Shri Sandeep Gosain, Hon’Ble & Ms. Padmavathy S., Hon’Ble

For Appellant: Mandar VaidyaFor Respondent: Shri Krishna Kumar, Sr. D/R
Section 801A

orders passed by the Hon’ble heavily relied upon the orders passed by the heavily relied upon the orders passed by the Income Tax Settlement Commission Income Tax Settlement Commission (referred to as (referred to as “ITSC”) in assessee’s own assessee’s own case and also relied upon

ACIT - 14(1)(2), Mumbai vs. D Thakkar Developers Pvt. Ltd., Mumbai

In the result, both the appeals are partly allowed for statistical purposes

ITA 3477/MUM/2023[2014-15]Status: DisposedITAT Mumbai20 Dec 2024AY 2014-15

Bench: Smt. Beena Pillai & Smt. Renu Jauhrid Thakkar Developers Pvt. V/S. Dcit 14(1)(2), Mumbai Ltd. बनाम Aayakar Bhavan, D1 & D2, 4Th Floor, Court Churchgate, Mumbai Chambers, Vitthaldas Maharashtra-400020 Thackersey Marg, 35 New Marine Lines, Marine Lines, Maharashtra-400020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcp6396E Appellant/अपीलार्थी .. Respondent/प्रतिवादी Acit 14(1)(2), Mumbai V/S. D Thakkar Developers Pvt. Room No. 455, 4Th Floor, बनाम Ltd. Aayakar Bhavan, M K. 1105/1106, Universal Road, Mumbai Magestic, Behind Rbk Maharashtra-400020 International School, P. L. Lokhande, Marg, Chembur West, Mumbai-400043 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcp6396E Appellant/अपीलार्थी .. Respondent/प्रतिवादी

For Appellant: Shri Kirith ShethFor Respondent: Shri R. R. Makwana
Section 143Section 143(3)Section 148Section 250Section 263Section 35Section 35(1)Section 35(1)(ii)Section 35(1)(vii)

rate of weighted deduction to 125% from 175% ignoring the fact that the organization to whom assessee made donation had accepted before Income Tax Settlement Commission that it has been providing bogus donation entries in lieu of commission and also the Central Government

D Thakkar Developers Private Limited, Mumbai vs. Deputy Commissioner of Income Tax 14(1)(2), Mumbai

In the result, both the appeals are partly allowed for statistical purposes

ITA 2975/MUM/2023[2014-15]Status: DisposedITAT Mumbai20 Dec 2024AY 2014-15

Bench: Smt. Beena Pillai

For Respondent: Shri R. R. Makwana
Section 143Section 143(3)Section 148Section 250Section 263Section 35Section 35(1)Section 35(1)(ii)Section 35(1)(vii)

rate of weighted deduction to 125% from 175% ignoring the fact that the organization to whom assessee made donation had accepted before Income Tax Settlement Commission that it has been providing bogus donation entries in lieu of commission and also the Central Government Page |3 ITA No. 2975 & 3477/Mum/2023