I C SANGHAL Vs. INCOME TAX SETTLEMENT COMMISSION

JUDGEMENT

(1.) REFERENCE is invited to Section 245d (4a) and Section 245ha (iv) as well as Explanation (d) to sub-section (1) of Section 245ha of the Income Tax Act. It is contended by the learned counsel appearing for the petitioners that the petitioners4 case being covered by sub-section (4a) of Section 245d of the Act, 31st March, 2008 is the specified date in the cases of the petitioners and if the proceedings before the Settlement Commission are not concluded before the said date, these shall abate as on 31st March, 2008. Reference is also invited to an order passed on 20th February, 2008 by a Division Bench of Delhi High Court in WP (C) No. 1369 of 2008 and an identical order passed by a Single Bench of Rajasthan High Court in SB Civil Writ Petition No. 10407 of 2007.

(2.) MR. Arvind Vashishth, learned Assistant Solicitor General, who is also the Standing Counsel for the Income Tax Department, appearing for the respondents, submits that in view of the aforesaid submission of the learned counsel for the petitioners, this Court may pass an order on the analogy of the aforesaid orders passed by the aforesaid two High Courts.

(3.) FOLLOWING suit and directing the learned counsel appearing for the respondents to seek and report instructions to this Court before the next date, it is ordered in the meanwhile that respondent No. 1 shall ensure, by taking all appropriate and possible steps, that the proceedings relating to the petitioners, pending before it, are concluded and finally disposed of before 31st March, 2008.