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october 2001

Supreme Court of India · 2001-10-18

Commissioner Of Income Tax,Mumbai vs Anjum M.H.Ghaswala & Ors

Citation / case number
AIR 2001 SUPREME COURT 3868
Court
Supreme Court of India
Petitioner
Commissioner Of Income Tax,Mumbai
Respondent
Anjum M.H.Ghaswala & Ors
Bench
K.T.Thomas, R.C.Lahoti, S.N.Variava

Judgment text excerpt

The Supreme Court ruled that the Settlement Commission, under Section 245B of the Income-tax Act, 1961, has the jurisdiction to waive or reduce interest under Sections 234A, 234B, and 234C while passing settlement orders under Section 245D(4). This decision overruled a prior 5-Member Special Bench ruling, affirming that the Commission's powers include those of the Board under Section 119, allowing for flexibility in settlement cases. The Court emphasized the purposive interpretation of the Commission's role in facilitating settlements without statutory restrictions.

Commissioner Of Income Tax,Mumbai vs Anjum M.H.Ghaswala & Ors · Niyam