Case Law Details
Case Name : ABC Dubash Mining & Anr. Vs. The Income Tax Settlement Commission & Ors. (Calcutta High Court)
Appeal Number : W.P. No. 126 of 2017
Date of Judgement/Order : 14/06/2017
Related Assessment Year :
Courts :
All High Courts Calcutta High Court
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A finding of fact made by the Settlement Commission is not open to judicial review unless it is established that, such finding of fact suffers from perversity or is vitiated due to bias or malice. None of the grounds known to law to upset a finding of fact returned by a Settlement Commission has been substantiated in the facts of the present case. The findings of the Settlement Commission on the correctness of the disclosures made by the assessee before it have not been substantiated to be perverse. The contention that, the Settlement Commission ought to have arrived at the tax liability on the materials disclosed before it, is unacceptable. For the Settlement Commission to assume jurisdiction, it must return a finding that, the assessee before it has made a full and true disclosure of its income and the other matters referred to Section 245C(1). In the present case, the assessee did not made a full and true disclosure of its income before the Settlement Commission. Such is the finding of the Settlement Commission. Such finding has not been substantiated to be perverse or to be suffering from such a legal infirmity so as to warrant an interference by a Writ Count. It is not for the Writ Court to exercise appellate jurisdiction over an order passed by the Settlement Commission.
Full Text of the High Court Judgment / Order is as follows:-
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