Rakesh Kalia vs Income Tax Settlement Commission

Heard on the question of admission. This is a petition directed against the order of the Settlement Commission passed u/s 245D(1) of the income tax Act, 1961 (�the Act�) on 13-11-1994 and said to have been communicated to the petitioner sometime in January, 1995. The petition suffers from gross delay and laches which have not at all been explained. The learned counsel for the petitioner submitted that on 7-4-1997, the petitioner had moved an application for modification/recall of the order of the Settlement Commission which application was also rejected on 20-11-1997 whereafter this petition has been filed. This explanation is far from satisfactory. Firstly, we are not even prima facie convinced that the Settlement Commission could have modified/recalled its order in the manner in which it was sought for by the petitioner. Secondly, the delay between January 1995 and 7-4-1997 is not at all explained in any manner whatsoever. As the petition suffers from gross delay and laches, the same is dismissed in limine.

The learned counsel for the petitioner submitted that this Court may issue a direction to the Tribunal to expeditiously dispose of the appeal filed by the petitioner. No direction from this Court is called for. The petitioner is at liberty to move an appropriate application before the Tribunal seeking an early hearing therefrom.