Principal Commissioner of Incometax (Central) – 3 v. Orchid Infrastructure Developersp Pvt. Ltd. & Anr
[Citation -2017-LL-0905-8]
| Citation | 2017-LL-0905-8 |
|---|---|
| Appellant Name | Principal Commissioner of Incometax (Central) – 3 |
| Respondent Name | Orchid Infrastructure Developersp Pvt. Ltd. & Anr. |
| Court | HIGH COURT OF DELHI AT NEW DELHI |
| Relevant Act | Income-tax |
| Date of Order | 05/09/2017 |
| Judgment | View Judgment |
| Keyword Tags | settlement commission • immunity from penalty • waiver of interest |
| Bot Summary: | The challenge in this petition by Revenue is to an order dated 16th September, 2016 passed by the Income Tax Settlement Commission to the extent of granting immunity from penalty and prosecution under Section 245H of the Income Tax Act, 1961 and granting waiver of interest under Section 234A of the Act to the Respondent No.1. As regards the first issue, it is submitted that in terms of the provisions of Section 245H of the Act, no immunity from penalty and prosecution can be granted by the ITSC since the complaint under Section 200 Cr.P.C. for offences punishable under Section 276 CC of the Act, was instituted before the receipt of the application under Section 245C. 4. It is clarified by Mr. Sameer Rohatgi, learned counsel for the Respondent No.1 that in fact, the Respondent No.1 never sought any immunity from prosecution. He pointed out that the said complaint by the Income Tax Department against the Respondent No.1 is still pending. In view of that matter, the question of granting Respondent No.1 immunity from penalty and prosecution under Section 245H of the Act, does not arise. As regards the second issue, learned counsel for the Respondent No.1 submits that all the documents were not supplied by the Department in the first instance. In the circumstances, the Court finds that no error has been committed by the ITSC in granting waiver of interest to Respondent No.1. |