Supreme Court · 2005 INSC 93 · Decided 22 February 2005
Commissioner of Income Tax, Jalpaiguri v. Om Prakash Mittal
- Court
- Supreme Court of India
- Citation
- 2005 INSC 93 · [2005] 2 S.C.R. 263
- Case number
- CIVIL APPEAL No. 5334/1999
- Decided
- 22 February 2005
- Bench
- RUMA PAL, ARIJIT PASAYAT, C.K. THAKKER (3-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 245, 245A(b), 245C
Headnote
B Income Tax Act, 1961; Section 245 : Income Tax Settlement Commission-Order .of Settlement-Section 245- Scope and ambit of-Held: Foundation for settlement is filing of an application C by assessee at any stage of a case-Full and true disclosure of the income is statutory requirement for undisclosed income not to exceed the prescribed limit-Merely because provisions under Section 245(I) provides that order of settlement is conclusive it does not take away the power of the Commission/Revenue to D decide whether the settlement was obtained by fraud/misrepresentation-Mis­
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