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SECTION 245HA - ABATEMENT OF PROCEEDING BEFORE SETTLEMENT COMMISSION - Income Tax - Ready Reckoner - Income TaxExtract SECTION 245HA - ABATEMENT OF PROCEEDING BEFORE SETTLEMENT COMMISSION As per section 245HA(1), the proceedings before Settlement commission shall abate from the date given below:- CONDITIONS WHEN PROCEEDING BEFORE SETTLEMENT COMMISSION SHALL ABATE DATE OF ABATEMENT Where an application made under section 245C has been rejected under section 245D(1). Abate on the date the application was rejected. Where an application made under section 245C has been declared as invalid under on the basis of CIT s objections. Abate on last day of the month in which application declared invalid. In respect of any other application made under section 245C, an order under 245D(4) has been passed not providing for terms of settlement The day on which such order u/s 245D(4) was passed not providing for the terms of settlement In respect of any other application made under section 245C, an order under 245D(4) has not been passed within 18/12 months. Abate on the date on which 18/12 months expires (from the end of the month in which application is made) (2) Where a proceeding before the Settlement Commission abates, the Assessing officer before whom the proceeding at the time of making application was pending shall dispose of the case in accordance with the provisions of this Act as if no application under section 245C had been made. (3) The Assessing Officer shall be entitled to use all the material and other information produced by the assessee before the settlement commission or the results of the inquiry held or evidence recorded by the Settlement Commission in the course of the proceedings before it, as if such material, information, inquiry and evidence had been produced before the Assessing Officer or other income-tax authority or held or recorded by him in the course of the proceedings before him. (4) For the purposes of the time-limit for making the assessment, the period commencing on and from the date of the application to the settlement commission under section 245C and ending with date of abatement shall be excluded. However, period of exclusion shall not be less than 1 year.
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