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SECTION 245I - ORDER OF SETTLEMENT COMMISSION TO BE CONCLUSIVE - Income Tax - Ready Reckoner - Income TaxExtract SECTION 245I - ORDER OF SETTLEMENT COMMISSION TO BE CONCLUSIVE Every order of settlement passed under section 245D(4) shall be conclusive as to the matters stated therein and no matter covered by such order shall, save as otherwise provided in this Chapter, be reopened in any proceeding under this Act or under any other law for the time being in force. However, it can be challenged in the high court through the WRIT PETITION and thereafter in supreme Court through a Special Leave petition. Notes:- Department has material to prove that settlement was obtained by fraud or misrepresentation of fact, it can move Settlement commission for appropriate action but in absence of same, order of settlement commission is conclusive. [CIT v Diksha Singh (2011) 201 taxman 378 (All)] After passing the order by Settlement Commission, no power vests in the Assessing Officer or any authority to issue the nnotice in respect of the period and income by the order of Settlement Commission, except in the case of fraud or misrepresentation of facts. Assessing officer therefore had no power to issue notice in respect of the period and income covered by the order of Settlement Commission. [CIT v Diksha Singh (Smt) (2011) 64 DTR 268 (All)]
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