Settlement Commission Order cannot be set-aside Without Re-determination of undisclosed income

Shree Nilkanth Developers Vs PCIT (Supreme Court of India) Supreme Court held that while setting aside the order of Settlement Commission, High Court could have remanded the matter to the Settlement Commission for re-consideration and re-determination of undisclosed income. It is unjust to set aside the order of Settlement Commission without re-determination of undisclosed income. Facts- The appellant is in the business of real estate. The Department conducted a survey and concluded that there was a practice of receiving undisclosed amounts but they had been offered as additional income to an ...