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J.K.SHAH CLASSES FINAL C.A. – DIRECT TAX : 1 : REVISION NOTES – MAY ‘19 Definition of Case [Section 245A(B)] For the purpose of settlement of cases, the term ‘case’ has been defined to mean any proceeding for assessment under the Income-tax Act 1961, of any person in respect of any assessment year or years which may be pending before an Assessing Officer on the date on which an application under section 245C(1) is made. The deemed date of commencement of these proceedings are shown in the following table - Proceeding Proceeding for assessment or re-assessment or re-computation under section 147 Date on which notice under section 148 was issued. Where a notice under section 148 is issued for any assessment year, a proceeding under section 147 shall be deemed to have commenced on the date of issue of such notice and the assessee can approach the Settlement Commission for other assessment years as well, even if notice under section 148 for such other assessment years has not been issued but could have been issued on that date. However, a return of income for such other assessment years should have been furnished under section 139 or in response to notice under section 142. Proceeding for making fresh assessment in pursuance of an order under section 254 or 263 or 264, setting aside or cancelling an assessment. Date on which order under section 254 or 263 or 264 setting aside or cancelling an assessment was passed. In the case of a person whose income is being assessed or reassessed as a result of search or as a result of requisition of books of account or other documents or any assets. The proceedings for assessment or reassessment shall be deemed to have commenced on the date of issue of notice initiating such proceedings and concluded on the date on which the assessment is made. Any other proceeding for assessment, other than those referred to in the table and note above, shall be deemed to have commenced from – the date on which the return of income for that assessment year is furnished under section 139 or in response to a notice served under section 142 and concluded on - In a case where assessment is made In a case where no assessment is made the date on which the assessment is made on the expiry of time specified for making assessment under section 153(1) APPLICATION FOR SETTLEMENT OF CASES [SECTION 245C] 1. An assessee may, at any stage of a case relating to him, make an application in the Form 34B, containing a full and true disclosure of his income which has not been disclosed before the Assessing Officer. 2. He should also disclose the following to the Settlement Commission for settlement of his case– (i) the manner in which such income has been derived, (ii) the additional amount of income-tax payable on such income and (iii) other particulars as may be prescribed.
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  • Fall '19
  • Charitable trust, Settlement Commission

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