COMMISSIONER OF INCOME-TAX Vs. SETTLEMENT COMMISSION

JUDGEMENT

(1.) The Commissioner of Income-tax challenges Ext. P3 order of the 1st respondent, Settlement Commission (IT & WT), in this writ petition. It is an order rejecting Exts. P2 and P2(A) applications filed by the petitioner for rectification of certain mistakes in Ext. P1 (A) order.

(2.) The petitioner is aggrieved by paragraphs 7.1 and 7.2 of Ext. P1 (A). The said portions of Ext. P1(A) are quoted below for convenient reference:

(3.) Aggrieved by the waiver of interest allowed by Settlement Commission under Sections 234A and 234B of the Income-tax Act, the petitioner preferred Ext. P2 petition. It was pointed out that the waiver granted was in violation of the law laid down by the Constitution Bench of the Apex Court in CIT v. Anjum M.H. Ghaswala,. The said application was considered and rejected by Ext. P3 by the 1st respondent in the following manner: