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2014 (1) TMI 1090 - HC - Income TaxValidity of order passed u/s 245D - Rejection of application for settlement for A.Y. 2007-08, 2008-09 and 2009-10 - Held that:- An assessment would be pending before Assessing Officer when such Assessing Officer has power to take action in respect of those assessment years - The power to take action in respect of the assessment for a particular assessment year, comes to an end, on the expiry of the period under Section 153 of the Act to make an assessment - Assessment could not be said to be pending before the Assessing Officer even where the time for making an assessment had expired, on the date the assessee filed its application for settlement before the Settlement Commission - Decision in CIT vs. Income Tax Settlement Commission [2012 (9) TMI 840 - GUJARAT HIGH COURT] followed - As with effect from 1.6.2007, significant changes were made in the definition of the term "case" defined under section 245A(b) defining the term "case" would cover only those situations where an assessment is pending before the AO or it is still possible for him to pass any order of assessment - There is no reason to interfere with the order of the Settlement Commission dated 15 March 2013 - In view of Section 245HA of the Act, proceedings before the Settlement Commission shall abate under Section 245HA(1)(i) of the Act in respect of those years - Decided against petitioner.
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