The petitioner filed his return which was accepted under S. 143(1). The petitioner filed the application before u\/s. 245C of the Act which was admitted and final order was passed u\/s. 245D(4) of the Act. Thereafter\u00a0\u00a0 the petitioner received the notice u\/s 148 of the Act. The petitioner filed the writ petition challenging the issue of notice.\u00a0 Allowing the petition the Court held that there is a difference between assessment in law (regular assessment or assessment under section\u00a0143(1) and assessment by settlement under Chapter XIX-A. The order under section\u00a0245D(4)\u00a0of the\u00a0Income-tax Act, 1961\u00a0is not an order of regular assessment. An application under section\u00a0245C\u00a0is akin to a return of income, wherein the assessee is required to make a full and true disclosure of his income and the order under section\u00a0245D(4)\u00a0of the Act is in the nature of an assessment order. Therefore, the assessment of the total income of the assessee for the assessment year in relation to which the Settlement Commission has passed the order under section\u00a0245D(4)\u00a0of the Act stands concluded and in terms of section\u00a0245-I\u00a0of the Act, such order shall be conclusive as to the matters stated therein and no matter covered by such order shall, save as otherwise provided in Chapter XIX-A, be reopened in any proceeding under the Act or under any other law for the time being in force. Therefore, once an order is passed by the Settlement Commission under section\u00a0245D(4), it is conclusive in so far as the assessment year involved is concerned. The only ground on which an order of settlement made under section\u00a0245D\u00a0of the Act can be reopened is, if it is subsequently found by the Settlement Commission that the order under section\u00a0245D(4)\u00a0of the Act had been obtained by fraud or misrepresentation of facts. Therefore, once an order has been passed under section\u00a0245D\u00a0of the Act by the Settlement Commission, the assessment for the year stands concluded and the Assessing Officer thereafter has no jurisdiction to reopen the assessment. (AY. 2011-12)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 148 : Reassessment-Settlement of cases-Order passed by Settlement Commission-Notice of reassessment in respect of issues covered by such order is held to be not valid. [S. 147, 245C, 245D(4), 245I, 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":[1],"tags":[],"class_list":["post-7877","post","type-post","status-publish","format-standard","hentry","category-digest"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-233","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/7877","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=7877"}],"version-history":[{"count":4,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/7877\/revisions"}],"predecessor-version":[{"id":9183,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/7877\/revisions\/9183"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=7877"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=7877"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=7877"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}