The assessees had filed\u00a0 application for the Assessment years 2012-13 to 2016-17\u00a0 under\u00a0 section 245C(1) of the Act.\u00a0 Settlement Commission held that in terms of sub-clause (iv) of clause (b) of section 245A, assessment proceedings in respect of assessment years 2012-13 and 2013-14, were concluded and, there was no ‘case’ existing in respect of assessment years 2012-13 and 2013-14. Accordingly in respect of those assessment years, were not maintainable, since\u00a0 no notice under section 148 was issued to assessees at material time in respect of any of assessment years; therefore, time for making application as well as on date of passing impugned order, there were no proceedings pending for re-opening any assessment for any of assessment years for which applications were made. Court also held that applications in respect of assessment years 2014-15, 2015-16, and 2016-17 were maintainable because in terms of Explanation (iv) proceedings for said assessment years were not concluded on date on which assessees had filed their respective applications.\u00a0 (AY. 2012-13 to 2016-17)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 245C : Settlement Commission-Settlement of cases-Case-There was no case pending in relation to assessment years on date of respective applications-Any proceeding for assessment under this Act-Application for the Assessment year 2012-13 and 2013-14 are held to be not maintainable-Applications in respect of assessment years 2014-15, 2015-16, and 2016-17 were maintainable because in terms of Explanation (iv) proceedings for said assessment years were not concluded on date on which assessees had filed their respective applications-Order of Settlement Commission was affirmed.[S.148, 245A,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-38261","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-9X7","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/38261","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=38261"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/38261\/revisions"}],"predecessor-version":[{"id":38262,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/38261\/revisions\/38262"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=38261"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=38261"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=38261"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}