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Income Tax - Highlights / Catch Notes

Home Highlights March 2024 Year 2024 This

Validity of reopening of assessment - An order u/s 245D(4) ...


Income Tax Settlement Commission Orders Are Final, Can't Reopen Assessments Without Fraud Evidence.

March 21, 2024

Case Laws     Income Tax     HC

Validity of reopening of assessment - An order u/s 245D(4) already been passed by the Income Tax Settlement Commission (ITSC) - Scope of harmonious construction - The Delhi High Court, in this judgment, reinforced the binding and conclusive nature of orders passed by the Income Tax Settlement Commission, underscoring that once an assessment year's matters have been settled by ITSC, they cannot be reopened by the Income Tax Department under Section 147/148, except under specific circumstances of fraud or misrepresentation. This decision highlights the judiciary's commitment to uphold the finality and sanctity of ITSC's settlements, aiming to prevent administrative uncertainty and protect the interests of assessees who opt for settlement proceedings.

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