JAI GURU JEWELERS Vs. UOI

JUDGEMENT

(1.) WE have heard Shri S.D. Singh, Shri S.K. Garg, Shri Ashish Bansal, Shri R.R. Agarwal and Shri Suyash Agarwal, learned counsels appearing for the petitioners. Shri Shambhu Chopra and Shri R.K. Upadhyay appear for the Income Tax department.

(2.) IN all these writ petitions the petitioners have prayed for directions to declare the amendments made by the Finance Act, 2007 in Chapter XIX -A of the Income Tax Act, 1961 (by which it has been provided that the applications for settlement filed prior to the amendment shall abate on 1.4.2008, provided under section 245 -D(4A) and 245 -HA of the amending Act) ultra vires the Constitution of India and to direct the Income Tax Settlement Commission, New Delhi to decide the applications on merits on or before 31.3.2008. A further prayer is made to direct the respondents to exclude all materials on the file of the Settlement Commission arising from the application for settlement filed by the petitioner from any proceedings initiated/continued against the petitioners by any Income Tax Authority.

(3.) BY interim orders passed in all these writ petitions the provision for abatement of proceeding relating to the petitioners pending before the Settlement Commissioner was stayed with a clarification that the pendency of the writ petition will not come in the way of the Settlement Commission in disposing the matter before it in accordance with law.