Supreme Court of India
Kotak Mahindra Bank Limited v. Commissioner of Income Tax Bangalore and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that suffi ciency of the material and particulars placed before the Commission, based on which the Commission proceeded to grant immunity from prosecution and penalty as contemplated under Section 245H of the Act, are beyond the scope of judicial review, except under the circumstances set out in Jyotendrasinhji vs.
Judgment, page 26
From the headnote
Issue for consideration: Whether the Division Bench of the High Court was right in affi rming the fi ndings of the Single Judge, to the eff ect that the Settlement Commission ought not to have exercised discretion u/s. 245H of the Income Tax Act, 1961 and granted immunity to the assessee de hors any material to demonstrate that there was no wilful concea lment on the part of the assessee to evade tax and on that ground, remanding the matter to the Commission for fresh consideration. Income Tax Act, 1961 – s. 245H – Power of Settlement Commission to grant immunity from prosecution and penalty –
Authorities it was built on
- 1993 Jyotendrasinhji v. S.L. Tripathi and Ors.
- 2010 Ajmera Housing Corporation & Anr. Etc. Etc. v. Commissioner of Income Tax
- 1979 Commissioner of Income Tax (central) Calcutta v. B. N. Bhattacharjee & Anr.
- 1994 Commissioner of Income Tax, Madras v. Express Newspaper Ltd.
- 2004 Ashirwad Enterprises and Ors. v. State of Bihar and Anr.
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