THOMAS PHILIP Vs. INTERIM BOARD OF SETTLEMENT

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner, who is the Managing Director of M/s Delta Aggregators and Sand Pvt Ltd with 70% shareholding and M/s Delta Msand Pvt Ltd with 70% shareholding impugning the Order passed by the Settlement Commission dtd. 22/12/2023 in Ext.P8 in respect of the Assessment Years 2012-13 to 2018-19.

(2.) A search and seizure action under Sec. 132 of the Income Tax Act 1961 (for short, 'the Act') was carried out on 13/10/2017 at several premises of the Delta Group and the petitioner's residence. Consequent to the search, notices under Sec. 153A were issued on 7/6/2018 to the aforesaid two companies as well as to the petitioner for the Assessment Years 2012-13 to 2017-18. Notice under Sec. 143(2) was issued on 23/9/2019 for the Assessment Year 2018-19.

(3.) The Principal Commissioner of Income Tax (Central), Kochi, submitted a report under Rule 9 of the Income Tax Settlement Commission (Procedure) Rules on the Settlement Application of the petitioner. In the report, it was opined that the petitioner had not disclosed the additional income before the Income Tax Settlement Commission to the extent of Rs.10,52,32,443.00 from the Assessment Years 2012-13 to 2018-19.