HASSAN ALI KHAN Vs. SETTLEMENT COMMISSION

JUDGEMENT

(1.) Rule in all the Petitions. By consent, heard forthwith.

(2.) All these petitions have been disposed off by this common judgment as the facts are more or less similar as also the issue involved. The petitioners are husband and wife. The petitions have been filed pursuant to the rejection of their Applications by the Settlement Commission. For the purpose of deciding the controversy the relevant facts as pleaded in Writ Petition No.2421 of 2007 are being referred to.

(3.) Petitioner in Writ Petition No.2421 of 2007 is the husband of Petitioner in Writ Petition Nos.2422 of 2007 and 2423 of 2007. A search was conducted in the premises of the petitioner on 5th and 6th January, 2007. The petitioners filed Income-tax return on 23rd May, 2007 for the Assessment Year 2000-01 to 2007-08. On 28th May, 2007 the petitioner filed an Application for settlement before the Settlement Commission. It is the case of the petitioner that on 21st August, 2007 the 1st Respondent made an order constituting the Special Bench. The Special Bench of the Settlement Commission after hearing the parties by its order dated 12th September, 2007 was pleased to reject the application by holding that the applications for settlement did not contain a full and true disclosure of income/wealth of the petitioners. As the Application was held to be invalid the Application was dismissed. The order passed was a common order in all the Applications. It may be clarified that the Applications in Writ Petition No.2421 of 2007 and Writ Petition No.2422 of 2007 are under the provisions of the Income Tax Act whereas the Application in Writ Petition No.2423 of 2007 was under the Wealth Tax Act.