| COURT: | Delhi High Court |
| CORAM: | Badar Durrez Ahmed J, V. Kameswar Rao J |
| SECTION(S): | 142(2A), 245F |
| GENRE: | Domestic Tax |
| CATCH WORDS: | Settlement Commission, Special Audit |
| COUNSEL: | M S Syali |
| DATE: | January 6, 2016 (Date of pronouncement) |
| DATE: | January 29, 2016 (Date of publication) |
| AY: | 2004-05 to 2011-12 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 245F: The Settlement Commission does not have the power to direct a special audit u/s 142(2A) | |
The exclusive jurisdiction of the settlement commission to exercise the powers and perform the functions of an income tax authority, in terms of section 245F(2) of the said Act, is to be exercised and performed for the purpose of settlement of the case under Chapter XIX-A and not for assessment under Chapter XIV. That being the case, the powers and functions which are in the exclusive jurisdiction of the settlement commission are circumscribed by the object and role which has been ascribed to the settlement commission, which is to settle the case in terms of the procedure stipulated in Chapter XIX-A. Since assessment of the type contemplated under section 143(3) is outside the purview of settlement proceedings, a special audit under section 142(2A), which is in aid of assessment, would also be beyond the scope of settlement proceedings
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