Settlement Commission dismissed the petition on the ground that application of assessee was not maintainable since there were no assessment proceedings for said assessment years as the time limit for Assessing Officer to make an assessment pursuant to returns filed by assessee under section 139 in respect of assessment years 2012-13 to 2014-15 had expired and no notice under section 148 was issued for said years. On writ the Court held that as per Explanation (i) to clause (b) of section 245A proceedings in relation to assessment or reassessment or re computation under section 147 was not pending for said years. On facts, assessee’s settlement application under section 245C for relevant years was not maintainable. (AY. 2012-13 to 2014-15)
Bishan Das Goyal HUF v. PCIT (2023) 294 Taxman 102 (Delhi)(HC)
S. 245C : Settlement Commission-Pendency of proceedings-No proceedings was pending-Petition is not maintainable.[S. 147 148, 245A, Art. 226]