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december 2002

Supreme Court of India · 2002-12-17

COMNR. OF INCOME TAX, MUMBAI vs M/S DAMANI BROTHERS

Citation / case number
SC 1999/16648
Court
Supreme Court of India
Petitioner
COMNR. OF INCOME TAX, MUMBAI
Respondent
M/S DAMANI BROTHERS
Author
ARIJIT PASAYAT
Bench
M.B. SHAH,ARIJIT PASAYAT,D.M. DHARMADHIKARI.

Judgment text excerpt

The Supreme Court addressed the powers of the Settlement Commission under the Income Tax Act, 1961, specifically regarding Sections 245D(4) and 220(2). The Court held that the orders of lower authorities do not automatically get set aside by the Commission's order; rather, they are modified to give effect to the Commission's determination. Furthermore, the Commission has the authority to waive or reduce interest under Section 220(2) post-determination of tax liability, affirming the principle of merger in tax assessments.

COMNR. OF INCOME TAX, MUMBAI vs M/S DAMANI BROTHERS · Niyam