Wp/28752/2004 Of Ms & S (Motors) Private Ltd v. The Income Tax Settlement

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALUW.P. No. 28752 of 2004 MS&S (Motors) Private Ltd.,Palarivattom, Cochin-25,rep. by its Director Rubab Harris. ... Petitioner -vs- 1.The Income Tax Settlement Commission, Additional Bench, 488-489, Anna Salai, Chennai - 600 035. 2.The Union of India, represented by The Chairman, Central Board of Direct Taxes, North Block, New Delhi. 3.The Commissioner of Income Tax, Central, Cochin. 4.The Assistant Commissioner of Income Tax, Central Circle-I (3), Ernakulam. ... Respondents Prayer:- Writ Petition filed under Article 226 of theConstitution of India praying to issue a Writ of Certiorari, tocall for the records on the files of the First Respondent hereinin Settlement Application Nos.13/CHN/3/95-IT and 13/CHN/108/95-IT dated 24.03.2004 and to quash the proceedings of the FirstRespondent herein in Settlement Application Nos. 13/CHN/3/95/ITand 13/CHN/108/95-IT dated 24.03.2004. For Petitioner : Mr. K.A.Parthasarathi for Mr. N.Inbarajan For Respondents: Mrs. Hema Muralikrishnan (Standing Counsel) https://hcservices.ecourts.gov.in/hcservices/ O R D E R (through video conference) Heard Mr. K.A.Parthasarathi, Learned Counsel for thePetitioner and Mrs. Hema Muralikrishnan, Learned StandingCounsel appearing for the Respondents, and perused the materialsplaced on record, apart from the pleadings of the parties. 2.The Writ Petition challenges the order Nos.13/CHN/3/95-IT & 13/CHN/108/95-IT dated 24.03.2004 passed by theFirst Respondent viz., the Income Tax Settlement Commissioner,Additional Bench, Chennai in respect of the assessment of incometax payable by the Petitioner for the period from 1991-1992 to1995-1996. 3.Learned Counsel for the Petitioner has brought to thenotice of this Court that in respect of similarly placedpersons, the Division Bench of this Court in Sultan Pillai &Sons -vs- The Income Tax Settlement Commission (Order dated04.03.2020 in W.P. No. 28758 of 2004) has held as follows:-“4. Having heard the learned counsel for the parties,we are satisfied that the present impugned order ofthe Settlement Commission does not require anyinterference by this Court at this stage. If theAssessee intends to make any submission on the basisof any subsequent Supreme Court decision, whichaccording to the Assessee is applicable to the factsof the present case, he is at liberty to move theSettlement Commission itself. Since apparently theimpugned order has been passed in pursuance of theremand order of the Hon'ble Supreme Court itself, ifthere is any subsequent development or law or changeof position of law at the hands of the Hon'ble SupremeCourt, it is open to the Assessee to move theSettlement Commission itself for applying the correctposition of law.” Learned Counsel for the Petitioner submits that thePetitioner would be satisfied if the same benefit is extended tohim in this case. 4.Having regard to the aforesaid submissions made,though this Court is not inclined to interfere with the impugnedorder at this stage, it is made clear that the Petitioner is notprecluded from moving the Settlement Commission by appropriateproceedings for applying the correct position of law in respectof the assessment of tax of the Petitioner for the relevantyears. https://hcservices.ecourts.gov.in/hcservices/ 5.In fine, the Writ Petition is disposed on the aforesaidterms. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Income Tax Settlement Commission, Additional Bench, 488-489, Anna Salai, Chennai - 600 035.2.The Chairman, The Union of India, Central Board of Direct Taxes, North Block, New Delhi.3.The Commissioner of Income Tax, Central, Cochin.4.The Assistant Commissioner of Income Tax, Central Circle-I (3), Ernakulam.+2cc to M/s.N.Inbarajan, Advocate Sr.34036W.P. No. 28752 of 2004 ad[co]srg 06/11/2020 https://hcservices.ecourts.gov.in/hcservices/ 5.In fine, the Writ Petition is disposed on the aforesaidterms. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Income Tax Settlement Commission, Additional Bench, 488-489, Anna Salai, Chennai - 600 035.2.The Chairman, The Union of India, Central Board of Direct Taxes, North Block, New Delhi.3.The Commissioner of Income Tax, Central, Cochin.4.The Assistant Commissioner of Income Tax, Central Circle-I (3), Ernakulam.+2cc to M/s.N.Inbarajan, Advocate Sr.34036W.P. No. 28752 of 2004 ad[co]srg 06/11/2020 https://hcservices.ecourts.gov.in/hcservices/