Allowing the Writ petition the Court held that there is no bar for filing of a second application before Settlement Commission , when the earlier application was not allowed to proceed u/s 245D(1) of the Act . Section 245K(2) of the Act prohibits a subsequent application , only when the assessee had earlier made an application u/s 245C is allowed to proceed u/s 245D(1) of the Act . (WP Nos 34040& 34041 dt 29 -10-2020)
CIT v. Adhiparasakhi Charitable Medical Educational Cultural Trust ( 2020) The Chamber’s Journal – December – P. 167 /Trust (2020) 121 taxmann.com 24/ (2021) 2021] 277 Taxman 333 (Mad) (HC) . ( Mad ) (HC)
S. 245C : Settlement Commission – Second application – No bar for filing second application [ S. 245D(1), 245K(2), Art , 226 ]