Sanjay Sevantilal Shah v. Interim Board for Settlement (IBS) (2024) 471 ITR 311 /160 taxmann.com 255 (Guj) (HC)

S. 245C : Settlement Commission-Settlement of cases-Conditions-Application was filed on 30-3-2021-CBDT’s press release giving taxpayers an opportunity to file application for settlement by 30-9-2021-Eligible application though filed after 31-1-2021-Pending application which is required to be considered as pending application for adjudication on merits.[S.153A, 245B, 245D, 245D, 245F, Art. 226]

During the pendency of assessment proceedings, assessee filed application before Settlement Commission under section 245C on 30-3-2021. Assessing Officer, however, completed assessment proceedings and passed assessment orders on 27-7-2021 on ground that applications was filed before Settlement Commissioner after cessation of settlement commission. CBDT came out with a press release dated 7-9-2021, directing to admit all applications filed after 31-1-2021 and before 30-9-2021. On writ the Court held that  application filed by assessee under section 245C would be an eligible application though filed after 31-1-2021 and same was required to be considered as pending application for adjudication on merits. As per provision of section 245F(2), Interim Board was vested with powers of Settlement Commission and jurisdiction and Income-tax authority could not have proceeded further with assessment proceedings in view of pendency of settlement application before Interim Board.  Therefore the   assessment order were non est and liable to be quashed and set aside as same could not have been passed as per provision of section 245F(2) of the Act.  (AY. 2013-14 to 2018-19)

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