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2016 (10) TMI 778 - HC - Income TaxRejection of application for settlement of the case by the Settlement Commission - as per the revenue, AO passed the assessment orders for five assessment years in question. - Orders were passed as on 15.3.2016 - Refusal of hand delivery through inspector - On 16.3.2016, the assessee filed application for settlement before the Settlement Commission. Held that:- No sooner an application for settlement is filed under subsection( 1) of section 245C of the Act, the Assessing Officer would be divested of his jurisdiction to assess the return further. The jurisdiction would vest solely and exclusively in the Settlement Commission. - There cannot be one order of assessment by Assessing Officer for the same period for which the Commission would also pass the order of settlement. Accepting the contention of the petitioner that even if the order of assessment has been passed by the Assessing Officer, his case may still be deemed to be pending since such order was not dispatched or served, would lead to a conflicting situation. For the purpose of application under section 245C(1) of the Act, a case would be pending only as long as the order of assessment is not passed. Once the assessment is made by the Assessing Officer by passing the order of assessment, the case can no longer be stated to be pending. Application for settlement would be maintainable only if filed before the said date. Date of dispatch of service of the order on the assessee would not be material for such purpose. Petition dismissed - Decided against the petitioner.
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