IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 34295 of 2004(G) -------------------------- PETITIONER: --------------- M/S. TRANSWORLD HIRE PURCHASE INDIA LTD. BUSINESS LANE, BEACH ROAD, KOLLAM-691 001, THROUGH ITS MANAGING DIRECTOR SHRI.M.K. SUNDARAM PILLAI. BY ADV. SRI.C.KOCHUNNY NAIR SRI.DALE P.KURIAN RESPONDENTS: --------------- 1. THE SETTLEMENT COMMISSION, ADDITIONAL BENCH, CHENNAI. 2. CENTRAL BOARD OF DIRECT TAXES, BY ITS CHAIRMAN AT NEW DELHI. ADV. SRI.P.K.R.MENON, SENIOR ADVOCATE SRI.GEORGE K. GEORGE, SC FOR IT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34295 of 2004(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE ORDER PASSED BY THE SPECIAL BENCH OF THE INCOME TAX SETTLEMENT COMMISSION DATED 10.05.1999 WAIVING 75% OF INTEREST IN THE CASE OF ANCHUM MOHAMMED HUSSAIN GHASWALA AND OTHER REPORTED IN 230 ITR 81. EXT.P2 : TRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 1990-91 DATED 23.03.2001 PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX INVESTIGATION CIRCLE, KOLLAM. EXT.P3 : TRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 1991-92 DATED 23.03.2001 PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, INVESTIGATION CIRCLE, KOLLAM. EXT.P4 : TRUE COPY OF ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 1992-93 DATED 23.03.2001 PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, INVESTIGATION CIRCLE, KOLLAM. EXT.P5 : TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER U/S. 245C(1) OF THE INCOME TAX DATED 13.07.2001 BEFORE THE ADDITIONAL BENCH OF THE INCOME TAX SETTLEMENT COMMISSION, MADRAS. EXT.P6 : TRUE COPY OF THE JUDGMENT OF HONOURABLE HIGH COURT DISPOSING OF THE W.P.(C) NO.29409 OF 2004 DATED 18.10.2004. EXT.P7 : TRUE COPY OF THE APPLICATION FOR WITHDRAWAL DATED 26.10.2004 BEFORE THE SETTLEMENT COMMISSION, CHENNAI. EXT.P8 : TRUE COPY OF THE ORDER DATED 05.11.2004 REJECTING THE APPLICATION FILED BY THE PETITIONER BY THE SETTLEMENT COMMISSION, CHENNAI. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C)No.34295 of 2004 - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2011. JUDGMENT None appears for the petitioner. The learned Standing Counsel submits that this is a case covered by the judgment reported in 259 ITR 449. Therefore, I do not find any merit in the writ petition. Accordingly, the writ petition is dismissed. sd/- B.P. RAY, JUDGE. rv O.P. No. -:2:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 ------------------------------------------------------------- Dated this the 20th day of September, 2011. JUDGMENT