Plz. explain ! section 245E settlement commission ?
This query is : Resolved
04 June 2011
As per section 245E- "Settlement commission shall not have powers to reopen the COMPLETED PROCEEDINGS in a case where an application under section 245C has been filed"
My query: As per section 245C only those case which are PENDING for assessment un/s. 143(2)/144/153A can be admitted. i.e. once assessment is completed then applicatioin cannot be made u/s. 245C.
so how can situation under section 245E i.e. repopeing of completed proceedings arise. if proceeding are completed then application shall not be made.
pleae clarify me doubt ? i cannot interpret 245E correctly ?
My query: As per section 245C only those case which are PENDING for assessment un/s. 143(2)/144/153A can be admitted. i.e. once assessment is completed then applicatioin cannot be made u/s. 245C.
so how can situation under section 245E i.e. repopeing of completed proceedings arise. if proceeding are completed then application shall not be made.
pleae clarify me doubt ? i cannot interpret 245E correctly ?
06 June 2011
Probably you are reading incorrect provision.
the Actual provision u/s 245E is read as follows : -
Section 245E - If the Settlement Commission is of the opinion (the reason for such opinion to be recorded by it in writing) that, for the proper disposal of the case pending before it, it is necessary or expedient to reopen any proceeding connected with the case but which has been completed under this Act by any income-tax authority before the application under section 245C was made, it may, with the concurrence of the applicant, reopen such proceeding and pass such order thereon as it thinks fit, as if the case inrelation to which the application for settlement had been made by the applicant under that section covered such proceeding also :
Provided that no proceeding shall be reopened by the Settlement Commission under this section if the period between the end of the assessment year to which such a proceeding relates and the date of application for settlement under section 245C exceeds nine years.
the Actual provision u/s 245E is read as follows : -
Section 245E - If the Settlement Commission is of the opinion (the reason for such opinion to be recorded by it in writing) that, for the proper disposal of the case pending before it, it is necessary or expedient to reopen any proceeding connected with the case but which has been completed under this Act by any income-tax authority before the application under section 245C was made, it may, with the concurrence of the applicant, reopen such proceeding and pass such order thereon as it thinks fit, as if the case inrelation to which the application for settlement had been made by the applicant under that section covered such proceeding also :
Provided that no proceeding shall be reopened by the Settlement Commission under this section if the period between the end of the assessment year to which such a proceeding relates and the date of application for settlement under section 245C exceeds nine years.
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