Order in W.P. No.28758 of 2004 [Sultan Pillai & Sons -Vs- Income Tax Settlement Commission & Ors] dt 04.03.2020 1/6 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.03.2020 CORAM HON'BLE DR. JUSTICE VINEET KOTHARI AND HON'BLE MR. JUSTICE R. SURESH KUMAR W.P.No.28758 of 2004 Sultan Pillai & Sons Marakkada Road, Trivandrum rep.by its Managing Director M. S. Shabeer Ahammed Petitioner Vs. 1. Income Tax Settlement Commission Additional Bench, 488-489, Anna Salai Chennai 600035. 2.The Union of India represented by Chairman, Central Board of Direct Taxes, North Block, New Delhi. 3.The Commissioner of Income Tax Central Circle, Cochin. 4.The Assistant Commissioner of Income Tax Central Circle, Trivandrum. 5.The Assistant Commissioner of Income Tax Circle 1(2), Trivandrum. Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorari to call for records on file of http://www.judis.nic.in Order in W.P.No.28758 of 2004 [Sultan Pillai & Sons -Vs- Income Tax Settlement Commission & Ors] dt 04.03.2020 2/6 first respondent herein in Settlement Application No.13/TVM/72-93-IT and 13/TVM/73/95-II dated 24.03.2004. For Petitioner : Mr. N. Prasad For Respondent : Mrs. Hema Muralikrishnan Senior Standing Counsel ORDER (Order of Court was made by DR. VINEET KOTHARI,J.) Assessee M/s. Sultan Pillai & Sons has filed this writ petition aggrieved by order dated 24.03.2004, by which learned Income Tax Settlement Commission, in exercise of their powers under Section 245F(1) read with Section 154 of Income Tax Act, passed following order. 12.1. In view of above, it is hereby ordered- (i) that waiver granted u/s 234A is sustained. (ii) that there is no case for waiver of interest under Section 234B of Act for any of assessment years involved. (iii) that interest u/s. 234B shall be charged upto date of order under Section 245D(4) of Act. 12.2. miscellaneous petitions filed by Department are allowed. 12.3. This also disposes of remand of Hon'ble Supreme Court. http://www.judis.nic.in Order in W.P.No.28758 of 2004 [Sultan Pillai & Sons -Vs- Income Tax Settlement Commission & Ors] dt 04.03.2020 3/6 12.5. Assessing Officer is authorised to re-compute interest u/s.234B of I.T.Act., in view of directions given above. 2. Learned counsel for petitioner / Assessee Mr. N. Prasad submitted that order passed by Settlement Commission, impugned in present writ petition, deserves to be interfered with in view of law laid down by Hon'ble Supreme Court in case of CIT -Vs- M.H.Ghaswala (2002) 1 SCC Page 633 and Brij Lal -Vs- CIT (2011) 1 S.C.C.Page 1 . He has also relied upon recent decision of Hon'ble Supreme Court in case of Kakadia Builders (P) Ltd., -Vs- CIT rendered on 05.03.2019 reported in (2019) 4 S.C.C.Page 453. 3. On other hand, Mrs. Hema Muralikrishnan, learned Senior Standing Counsel appearing for Revenue submitted that, impugned order of learned Settlement Commission was passed upon remand order passed by Hon'ble Supreme Court as noted in Para 12.3 in case of Assessee himself and therefore, same has been passed in pursuance of and in compliance of remand order of Hon'ble Supreme Court in accordance with position of law then. http://www.judis.nic.in Order in W.P.No.28758 of 2004 [Sultan Pillai & Sons -Vs- Income Tax Settlement Commission & Ors] dt 04.03.2020 4/6 4. Having heard learned counsel for parties, we are satisfied that present impugned order of Settlement Commission does not require any interference by this Court at this stage. If Assessee intends to make any submission on basis of any subsequent Supreme Court decision, which according to Assessee is applicable to facts of present case, he is at liberty to move Settlement Commission itself. Since apparently impugned order has been passed in pursuance of remand order of Hon'ble Supreme Court itself, if there is any subsequent development or law or change of position of law at hands of Hon'ble Supreme Court, it is open to Assessee to move Settlement Commission itself for applying correct position of law. 5. Therefore, with aforesaid liberty given to petitioner, we are not inclined to interfere with impugned order at this stage. Writ Petition is disposed of accordingly. No costs. (V.K., J.) (R.S.K.,J.) 04-03-2020 Index : Yes/No Internet : Yes/No KST http://www.judis.nic.in Order in W.P.No.28758 of 2004 [Sultan Pillai & Sons -Vs- Income Tax Settlement Commission & Ors] dt 04.03.2020 5/6 To 1.The Income Tax Settlement Commission Additional Bench, 488-489, Anna Salai Chennai 600 035. 2.The Union of India represented by Chairman, Central Board of Direct Taxes, North Block, New Delhi. 3.The Commissioner of Income Tax Central Circle, Cochin. 4.The Assistant Commissioner of Income Tax Central Circle, Trivandrum. 5.The Assistant Commissioner of Income Tax Circle 1(2), Trivandrum. http://www.judis.nic.in Order in W.P.No.28758 of 2004 [Sultan Pillai & Sons -Vs- Income Tax Settlement Commission & Ors] dt 04.03.2020 6/6 DR.VINEET KOTHARI, J. AND R.SURESH KUMAR, J. KST W.P.No.28758 of 2004 04.03.2020 http://www.judis.nic.in Sultan Pillai & Sons v. ITSC, Chennai / UOI, New Delhi / CIT, CC, Cochin / ACIT, CC, Trivandrum / ACIT, Circle-1(2), Trivandrum