LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/jagdish-transport-corporation-ors-vs-union-of-india-and-ors-20230428/ · Printed 07 Nov 2026
Civil · Reportable judgment

Jagdish Transport Corporation & Ors. vs Union of India and Ors.

Court
Supreme Court of India
Date
28 April 2023
Case No.
Civil Appeal Nos. 2352-2353 of 2019
Result
Allowed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2023] 5 S.C.R. 321 : 2023 INSC 453
Supreme Court Reports [2023] 5 S.C.R. 321 : 2023 INSC 453
Headnote

Income Tax Act, 1961 – ss.245, 245C(1), 245HA, 245D – Application u/s.245C(1) was filed by the appellants before the Settlement Commission – Order dtd. 31.03.2008 passed by the Settlement Commission – High Court while dismissing the writ petition, filed by the appellants challenging the show cause notice for re-assessment issued in terms of order dtd. 31.03.2008, observed that the said order was a nullity – Justification of – Held: Settlement Commission specifically observed in the order dtd. 31.03.2008 that it was not practicable to examine the records, investigate the case for proper settlement and give adequate opportunity to the applicant and the Department as laid down in s.245D(4) however, it passed the order to comply with the directions of the High Court to dispose of the application on or before 31.03.2008 – Thus, in view of the manner in which the Settlement Commission disposed of the application u/s.245, High Court was justified in observing that the order passed by the Settlement Commission was a nullity and cannot be said to be an order in the eye of law – Order dtd. 31.03.2008 set aside – Subsequent assessment/re-assessment order passed by the A.O also set aside – Matter remitted to the Settlement Commission/Interim Board for fresh decision following the due procedure u/s.245.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.03.2017 passed by the High Court of Judicature at Allahabad, Lucknow Bench Lucknow, by which the Division Bench of the High Court has dismissed the Writ Petition No. 4858 of 2008 preferred by the appellants herein, the original writ petitioners have preferred the present Appeals. The subsequent order passed by the High Court dismissing the review application is also the subject-matter of the present Appeals. 2. The facts leading to the present Appeals
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →