PANKAJA KASTURI HERBAL INDIA PVT. LTD. v. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1
2021-03-09
A.M.BADAR
body2021
DigiLaw.ai
ORDER : Heard the learned counsel for the petitioner. Learned counsel for the petitioner submits that the Finance Bill, 2021 has been introduced in the Parliament on 01.02.2021. He submits that though, Section 245C of Chapter XIX-A of the Income Tax Act is still on the statute book, the 4th respondent is not receiving the application for settlement sought to be filed by the petitioner. According to the learned counsel for the petitioner, just because the finance bill is introduced, that will not have enforcibility of law, unless and until, the Act is passed by the Parliament and a notification is issued to that effect. Learned counsel for the petitioner makes a statement that as on date, the Finance Bill is not passed by the Parliament and no notification is issued. 2. Learned counsel for the petitioner drew my attention to the interim order passed by the Division Bench of the Hon’ble Telengana High Court at Hyderabad in WP(C) No.3181/2021 in the matter of Ms. Green City Dukes Estate LLP Vs. Union of India and Others so also the order passed by the learned Single Judge of Hon’ble Madras High Court in WP(C) No. 3001 of 2021 and WMP No.3365 of 2021. With the aid of these interim orders, learned counsel for the petitioner submits that as on today, Chapter XIX-A in respect of Settlement Commissioner is on the statute book, the 4th respondent ought to have at least accepted the settlement application of the petitioner. 3. Learned Standing Counsel takes notice for respondents 1, 2 and 4. He seeks time for getting instructions. Post the writ petition for further hearing after eight weeks. In the meanwhile, the 4th respondent is directed to receive the application for settlement sought to be filed by the petitioner, subject to the result of this writ petition.