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2015 (4) TMI 19 - SUPREME COURT

2015 (4) TMI 19 - SUPREME COURT - [2015] 373 ITR 528 (SC), 2015 (12) SCC 665 - Settlement commission - Validity of Sections 245 HA(1)(iv) and 245HA(3) of the Income Tax Act, 1961, as amended by Finance Act, 2007 challenged - Time limits were set for completion of a particular stage of the proceedings. - High Court found [2009 (8) TMI 86 - BOMBAY HIGH COURT] the aforesaid provisions to be violative of Article 14 etc but at the same time, it did not invalidate these petitions as the High Court was .....

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der to avoid holding the provisions as unconstitutional. Having so read, we would have to read Section 245HA(1)(iv) to mean that in the event the application could not be disposed of for any reasons attributable on the part of the applicant who has made an application under Section 245C. Consequently only such proceedings would abate under Section 245HA(1)(iv). - Considering the above, the Settlement Commissioner to consider whether the proceedings had been delayed on account of any reason .....

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s is questioned. In those writ petitions filed by various assessees, the validity of Sections 245 HA(1)(iv) and 245HA(3) of the Income Tax Act, 1961, as amended by Finance Act, 2007 was challenged. The High Court, by a detailed judgment, found the aforesaid provisions to be violative of Article 14 etc but at the same time, it did not invalidate these petitions as the High Court was of the opinion that it was possible to read down the provisions of Section 245HA(1)(iv) in particular to avoid hold .....

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