Welcome to Amit Kumar Gupta Advocate

Ask a Query


Client Login

245HA. Abatement of proceeding before Settlement Commission. —   (1) Where—

 (i)  an application made under section 245C on or after the 1st day of June, 2007 has been rejected under sub-section (1) of section 245D; or

(ii) an application made under section 245C has not been allowed to be proceeded with under sub-section (2A) or further proceeded with under sub-section (2D) of section 245D; or

(iii) an application made under section 245C has been declared as invalid under sub-section (2C) of section 245D; or

(iiia)  in respect of any application made under section 245C, an order under sub-section (4) of section 245D has been passed not providing for the terms of settlement; or

(iv) in respect of any other application made under section 245C, an order under sub-section (4) of section 245D has not been passed within the time or period specified under sub-section (4A) of section 245D,

the proceedings before the Settlement Commission shall abate on the specified date.

Explanation.—For the purposes of this sub-section, "specified date" means—

(a) in respect of an application referred to in clause (i), the day on which the application was rejected;

(b) in respect of an application referred to in clause (ii), the 31st day of July, 2007;

(c) in respect of an application referred to in clause (iii), the last day of the month in which the application was declared invalid;

(ca) in respect of an application referred to clause (iiia), the day on which the order under sub-section (4) of section 245D was passed not providing for the terms of settlement;

(d) in respect of an application referred to in clause (iv), on the date on which the time or period specified in sub-section (4A) of section 245D expires.

(2) Where a proceeding before the Settlement Commission abates, the Assessing Officer, or, as the case may be, any other income-tax authority before whom the proceeding at the time of making the 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) For the purposes of sub-section (2), the Assessing Officer, or, as the case may be, other income-tax authority, 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 under sections 149153153B154155158BE and 231 and for the purposes of payment of interest under section 243 or 244 or, as the case may be, section 244A, for making the assessment or reassessment under sub-section (2), the period commencing on and from the date of the application to the Settlement Commission under section 245C and ending with "specified date" referred to in sub-section (1) shall be excluded; and where the assessee is a firm, for the purposes of the time-limit for cancellation of registration of the firm under sub-section (1) of section 186, the period aforesaid shall, likewise, be excluded.

Amit R Gupta

Our Services

Insurance Services

We offer comprehensive Insurance Services systems maintained by trained accounting.

Legal Services

 We offer comprehensive Legal Services systems maintained by trained accounting pr.

Investment Services

We offer comprehensive Investment Services  systems maintained by trained accoun.

Finance Services

 We offer comprehensive Finance Services systems maintained by trained accounting .

Due Diligence and Advisory Ser

We offer comprehensive Due Diligence and Advisory Services systems maintained by traine.

Corporate Services

We offer comprehensive Corporate Services systems maintained by trained accounting.

AMITRGUPTA

What We Do

Tax Consulting

We offer comprehensive Tax Consulting  systems maintained by trained accounting professionals. This local service coul...

READ MORE

Due Diligence

Investors, bankers and acquirers rely on Due Diligence as a standard of care during Mergers and ...

READ MORE

Taxation Services

We offer comprehensive Taxation Services systems maintained by trained accounting professionals. This local service could be...

READ MORE