(Sanjiv Khanna and J.K. Maheshwari, JJ.)
Civil Appeal No. of 2022 (@ SLP (C) No. 768 of 2016), decided on August 29, 2022
Nand Lal Srivastava _________________________________ Appellant;
v.
Commissioner of Income Tax, Allahabad and Others __ Respondent(s).
With
Civil Appeal No. of 2022
(@SLP(C) No. 3783 of 2016)
Civil Appeal No. of 2022
(@SLP(C) No. 769 of 2016)
Civil Appeal No. of 2022 (@ SLP (C) No. 768 of 2016); Civil Appeal No. of 2022 (@SLP(C) No. 3783 of 2016); and Civil Appeal No. of 2022 (@SLP(C) No. 769 of 2016)
The Order of the court was delivered by
Order
1. Leave granted.
2. While we agree with the impugned judgment dated 25.02.2015 that the order passed by the Settlement Commission being bereft of reasons is unsustainable, and the fact that the respondent has made payment in terms of the order passed by the Settlement Commission cannot be a ground to sustain the order passed by the Settlement Commission, being contrary to the mandate of Section 245-D(4) of the Income Tax Act 1961, we feel that the matter has to be remitted for fresh decision.
3. Settlement Commission has been wound up, and the matters pending before the Settlement Commission are being adjudicated and decided by the Interim Board constituted under Section 245AA of the Income Tax Act, 1961.
4. In view of the above position, the matter would be remitted to the Interim Board with a request that the matter to be taken up expeditiously and would be preferably decided within a period of six months from the date of first hearing. A reasoned order would be passed.
5. Recording the aforesaid, the impugned judgment is partly set aside and the appeals are allowed in the aforesaid terms. We clarify that we have not made any observations or given any findings on the merits.
6. Pending application(s), if any, stand disposed of.
Petition(s) for Special Leave to Appeal (C) No(s). 768/2016
Nand Lal Srivastava _______________________________ Petitioner
v.
Commissioner of Income Tax, Allahabad & Ors ______ Respondent(s)
WITH
SLP(C) No. 3783/2016 (XI)
SLP(C) No. 769/2016 (XI)
Date: 29-08-2022 This petition was called on for hearing today.
(Before Sanjiv Khanna and J.K. Maheshwari, JJ.)
UPON hearing the counsel, the Court made the following
ORDER
7. The appeals are allowed in terms of the signed order.
8. Pending application(s), if any, stand disposed of.
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