The
Supreme Court of India in Kotak Mahindra Bank Ltd. v. Commissioner of Income
Tax, Bangalore (2023 INSC 855) examined the scope of judicial interference
with orders passed by the Income Tax Settlement Commission granting immunity
from levy of penalty and prosecution under Section 245H of the Income Tax Act,
1961.
The
appeal arose from the judgment of the Karnataka High Court which had affirmed
the remand of the matter to the Settlement Commission for reconsideration of
the issue of immunity from penalty and prosecution, despite the Commission
having already recorded findings regarding full and true disclosure and
cooperation by the assessee.
The
appellant-assessee, a scheduled bank, had approached the Settlement Commission
under Section 245C in respect of multiple assessment years, making disclosures
relating to leasing income, depreciation claims, and other accounting
treatments. The Settlement Commission, after considering the Commissioner’s
report and the material placed on record, proceeded with the application under
Section 245D and ultimately granted immunity from penalty and prosecution under
Section 245H, recording that the assessee had cooperated and made a full and
true disclosure of income.
The High
Court interfered with the order of the Settlement Commission on the ground that
the reasoning for granting immunity was inadequate and remanded the matter for
fresh consideration. The Supreme Court, however, held that such interference
was unwarranted and beyond the permissible scope of judicial review.
The Court
reiterated that the discretion vested in the Settlement Commission under
Section 245H is to be exercised based on satisfaction regarding cooperation and
full and true disclosure, and once such satisfaction is recorded on
consideration of relevant material, courts should not sit in appeal over the
sufficiency or adequacy of such material. The Court emphasized that the object
of Chapter XIX-A is expeditious settlement of tax disputes and that excessive
interference would defeat legislative intent.
Relying
on precedents including Ajmera Housing Corporation v. CIT (2010) 8 SCC
739, Express Newspapers Ltd. v. CIT (1994) 2 SCC 374, Jyotendrasinhji
v. S.I. Tripathi (1993 Supp (3) SCC 389), B.N. Bhattacharjee v. CIT
(1979) 4 SCC 121, and Ashirvad Enterprises v. State of Bihar (2004) 3
SCC 624, the Supreme Court held that immunity granted by the Settlement
Commission can be interfered with only on limited grounds such as fraud, bias,
malice, or violation of statutory provisions.
Accordingly, the Supreme Court set aside the judgment of the High Court, restored the order of the Settlement Commission dated 04.03.2008, and allowed the appeal, reaffirming the finality and sanctity of reasoned settlement orders passed under the Income Tax Act.
SOURCE LINK
https://api.sci.gov.in/supremecourt/2012/27212/27212_2012_15_1501_47195_Judgement_25-Sep-2023.pdf
Disclaimer
This content is shared strictly for general information and knowledge purposes only. Readers should independently verify the information from reliable sources. It is not intended to provide legal, professional, or advisory guidance. The author and the organisation disclaim all liability arising from the use of this content. The material has been prepared with the assistance of AI tools.
0 Comments
Leave a Comment