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february 2005

Supreme Court of India · 2005-02-22

C.I.T., JALPAIGURI vs OM PRAKASH MITTAL

Citation / case number
SC 1999/12794
Court
Supreme Court of India
Petitioner
C.I.T., JALPAIGURI
Respondent
OM PRAKASH MITTAL
Author
ARIJIT PASAYAT
Bench
RUMA PAL, ARIJIT PASAYAT & C.K. THAKKER

Judgment text excerpt

The Supreme Court upheld the order of the Income Tax Settlement Commission, which had denied the Commissioner of Income Tax's request to declare the settlement order void under Section 245D(6) of the Income Tax Act, 1961. The Court found that the Commission's acceptance of the assessee's claims regarding loans was justified, despite subsequent investigations by the CBI suggesting fraud. The Court emphasized that the Commission's order was valid and the CIT's appeal was dismissed, affirming the principles of finality and certainty in settlement proceedings.

C.I.T., JALPAIGURI vs OM PRAKASH MITTAL · Niyam