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2012 (11) TMI 766 - HC - Income TaxSettlement of Case – scope of the term 'pending' case - after the expiry of the time limit prescribed for making an order of assessment under section 143/144 of the Act. – held that: - 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. The expression "pending" in this case, has to be viewed contextually. In plain terms, it would mean when some case, cause or controversy is actually pending consideration before the assessment officer. Since no assessment order can be passed after the expiry of the prescribed time-limit, no proceeding can be taken in it. Moreover, proceeding for assessment/reassessment under section 147 are specifically excluded from the purview of "case" as defined under Section 245A(b). Thus, there is no question of proceedings of the type which are subject matter of this petition can be said to be "pending" - Assessment includes re-assessment too - impugned order of the Settlement Commission admitting the assessee's application, was contrary to law. The impugned order is accordingly set aside. The writ petition is consequently allowed.
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