9911796707
TMI BlogReceipt of application u/s 245C of Income-tax Act, 1961/22C of the Wealth-tax Act, 1957.X X X X Extracts X X X X X X X X Extracts X X X X ..... Commission calls for a report from the Commissioner as provided in section 245D(1)/22D(1). The second proviso to Section 245D(1)/22D(1) before its deletion with effect from 1st April 1979 and sub-section (1A) of section 245D/22D introduced with effect from that date, stipulate that an application shall not be proceeded with if the Commissioner objects thereto on the ground that concealment of part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application to be proceeded with, (a) it is open to the Commissioner of Income-tax to reconsider the matter either on the assessee requesting him to do so or on the Commission asking him for a further report, and (b) if, on reconsideration the Commissioner can intimate to the Commission that he has no objection to the application being proceeded with by the Commission. 3. Once an application und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment Commission did a fresh order in the presence of both parties. It would thus appear that in such circumstances it is open to the Settlement Commission to call for a fresh report from the Commissioner of Income-tax/Wealth-tax. 4. While making his fresh report in the above circumstances, there is no objection to a Commissioner revising his view if he has any fresh facts in his possession. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is essentially for the Commissioner to come to a conclusion whether there was misappreciation of the facts and circumstances earlier in the matter. In this connection, the Commissioners of Income-tax/Wealth-tax will, no doubt, always keep in mind the observations of the Supreme Court in CIT v. B.N. Bhattacharjee and Another to the effect that the Commissioner of Income-tax has a duty to the pub ..... X X X X Extracts X X X X X X X X Extracts X X X X
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