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2022 (4) TMI 1389 - HC - Income TaxCessation of the Settlement Commission - validity of the amendment to the Income Tax Act, 1961 in Section 245A by inserting sub-clauses (da), (ea) and (eb), and Sections 245B, 245BC, 245BD, proviso to Sections 245C, 245D, 245DD, 245F, 245G, 245H and insertion of new Sections 245AA and 245M by way of Sections 54 to 65 of Finance Act, 2021 with retrospective effect from 01.02.2021, on the ground that such amendment is arbitrary, illegal and void and infringing the fundamental rights conferred under Articles 14, 19(i)(g), 20, 20(2) and 21 of Constitution of India 1950, thus unenforceable and unconstitutional - HELD THAT:- Since during the pendency of the writ petitions, the CBDT came out with a press release dated 7.9.2021, followed by an order dated dated 28.9.2021, directing to admit all applications filed after 31.1.2021 and before 30.9.2021 and treat such applications as valid and process them as "pending applications" for consideration by the Interim Board, learned counsel for the petitioners are not pressing the writ petitions in regard to the challenge to the constitutional validity of the amended provisions, referred to above, as all the petitioners submitted applications on or before 30.9.2021. However, learned counsel for the petitioners seek clarification about the pendency of the proceedings as on 31.1.2021. It has been agreed by the parties to govern the issue aforesaid by Explanation (iv) to Section 245A(b) of the Act of 1961. The provision aforesaid has been quoted in the preceding paragraph. In view of the above, we dispose of all these writ petitions with a direction to the respondents to send applications for consideration by the Interim Board, if submitted before 30.9.2021. The consideration of applications by the Interim Board would be if the proceedings were pending as on 31.1.2021. To determine the pendency of the proceedings, the Interim Board would be governed by Explanation (iv) to Section 245A(b) of the Act of 1961. The Interim Board would exercise the jurisdiction as conferred by the order dated 28.9.2021 passed by the CBDT.
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