The petitioner received notices dated January 14, 2020 and November 23, 2020 under sections\u00a0153C\u00a0and\u00a0143(2)\u00a0of the\u00a0Income-tax Act, 1961. The Finance Bill, 2021 repealed section\u00a0245C\u00a0with effect from February 1, 2021. Since the assessee was denied the statutory right to move for settlement of its case and the Settlement Commission did not receive the application, the assessee filed a writ petition. The single judge directed the Settlement Commission to receive the application of the assessee for settlement filed under section\u00a0245C\u00a0but declined to grant stay of proceedings on the notices. On appeal On appeal the Court held that the Department, as on date, had not challenged the order of the single judge directing receipt of the application of the assessee under section\u00a0245C. Accordingly the order was to be modified a interim stay was to be granted against the notices during the pendency of the writ petition, \u00a0the interim order granted would not in any manner, restrict the discretion available to the authorities under Chapter XIX-A either to admit or process the application of the assessee for settlement, or withdraw and summon the assessment files to the office of the Settlement Commission from the office of the Assessing Officer, and\u00a0 the interim order and corollary thereto were subject to the final outcome of the writ petition.<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 245C : Settlement Commission-Settlement of cases-Finance Bill 2021-Denial of right to file an application before Settlement Commission-Order of single judge modified interim stay of proceedings of notices were granted, subject to final outcome of the writ petition. [S. 143(2), 153B, 153C Art. 226] <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-20672","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-5nq","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/20672","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=20672"}],"version-history":[{"count":2,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/20672\/revisions"}],"predecessor-version":[{"id":24106,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/20672\/revisions\/24106"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=20672"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=20672"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=20672"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}