Gopi Erectors v. The Income Tax Settlement Commission& Ors

Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1138 OF 2009 Gopi Erectors ...........Petitioner Vs. The Income Tax Settlement Commission& Ors......Respondents Mr. Mandar Vaidya, for the Petitioner.Mr. Vimal Gupta, for Respondent Nos. 2 and 3. CORAM : F.I. REBELLO & D.G.KARNIK, JJ. DATED : 27[th] JULY, 2009 P.C. The limited issue for our consideration is whether we should interfere with the discretion exercised by the Settlement Commission in the matter of waiver of interest. The petitioner had applied to the Settlement Commission in November, 1996. The final order under Section 245D was passed on 31[st] December, 2007. Considering the long pendency before the Settlement Commission the Settlement Commission itself has waived 75% of the interest chargeable. 2.The petitioner has come here challenging the refusal by the Settlement Commission to waive the balance 25%. Once a party went before the Settlement Commission and submitted to its jurisdiction and on the facts before it the Settlement Commission chose to waive 75% interest, in our opinion that cannot be faulted with. This is not a fit case to exercise our extra ordinary jurisdiction. Hence petition rejected. (D.G. KARNIK, J.) (F.I. REBELLO,J.)