Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2011 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (8) TMI 944 - HC - Income TaxMaintainability of Settlement applications - Revenue contended that the settlement applications were not maintainable, since there were no pending proceedings on the date on which the settlement applications were filed - further contended that that there could be no question of proceedings, where no return had been filed; there was no direction on the assessee to file a return; and the statutory time limit prescribed by Section 153(1) for making an assessment u/s 143 or 144, had expired - Held that:- It is held that irrespective of whether returns were filed or not, a case would be deemed to be pending but only for twenty one months from the end of the assessing year in question, i.e. the period within which an assessment could have been made. Once the aforesaid time period expires, it cannot be said that the proceedings are pending. If the time period to make an assessment had not expired on the date on which the settlement application was made, the commission might entertain and proceed with the same, irrespective of whether income tax returns had been filed or not. However, where the period of twenty one months from the end of the assessment year expired on the date of making of the application, the settlement application cannot be proceeded with.
|