The Tax Publishers

Rules 44C to 44DA

Settlement Commission

1. Application for settlement of cases

According to section 245C an assessee can at any stage of case relating to him make an application to the Settlement Commission.

2. Form of application for settlement of case and intimation to the assessing officer

Rule 44C of the Income Tax Rules, 1962 provides that an application for settlement of a case shall be made in quintuplicate in Form No. 34B. The application, the verification appended thereto, the annexure to the said application, and the statements and documents accompanying such annexure shall be verified by the person authorised to verify the return of income under section 140 of the Act. The application shall also be accompanied by a fee of 500. Rule 44C(4) provides that the assessee shall, on the date on which he makes the application to the Settlement Commission, intimate in Form No. 34BA to the assessing officer of having made such application to the Commission.

3. Calling for report of Commissioner [Rule 44CA]

Rule 44CA(1) provides that the Settlement Commission shall, while calling for a report from the Commissioner under section 245D(2B), forward a copy of the application in Form No. 34B (other than the Annexure and the statements and other documents accompanying such Annexure) along with a copy of the order under section 245D(1) or, as the case may be, an intimation in respect of an application deemed to have been allowed to be proceeded with under section 245D(2A).

Sub-rule (2) of rule 44CA provides that where an application has not been declared invalid under sub-section (2C) of section 245D or an application has been allowed to be further proceeded with under sub-section (2D) of that section, all the material and other information produced by the assessee before the Settlement Commission shall be sent to the Commissioner to enable him to furnish the report under sub-section (3) of section 245D.

Sub-rule (3) of rule 44CA further provides that where the proceeding before the Settlement Commission abates, the Commission shall send, all the material and other information produced by the assessee before the Commission and the results of any enquiry held or evidence recorded in the course of proceedings before it, to the Commissioner.

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com