| The Tax Publishers2020 TaxPub(DT) 2396 (Mad-HC) : (2020) 316 CTR 0796 INCOME TAX ACT, 1961
Section 245C
Where time for completion of assessment under section 153 did not expire as far as relevant assessment years were concerned, thus, when application was filed before Commission, it would be safe to hold that case was pending before AO and application was maintainable under Chapter XIX-A of Income Tax Act, 1961.
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Settlement Commission - Maintainability of application before Settlement Commission - Application whether to be considered as pending before AO - Time for completion of assessment under section 153 did not expire
Revenue was aggrieved by order of Settlement Commission, wherein it was held that when returns of income tax were filed by assessee were accepted under section 143(1) and no notice was issued under section 143(2), assessee could file settlement application, even after time limit for passing regular assessment order under section 143(3) as no assessment was made in instant case as per clause (iv) of section 245A. Held: Since time for completion of assessment under section 153 of the Income Tax Act, 1961 did not expire as far as relevant assessment years were concerned, when application was filed before Commission, it would be safe to hold that case was pending before AO and therefore, the application was maintained under Chapter XIX-A of the Income Tax Act, 1961. Therefore, there was no merits in the contention of revenue that application filed for settling the case was without jurisdiction.
REFERRED : KP Varghese v. ITO & Anr. (1981) 131 ITR 597 (SC) : 1981 TaxPub(DT) 0972 (SC) CIT v. Vegetable Products Ltd. (1973) 88 ITR 192 (SC) : 1973 TaxPub(DT) 0421 (SC) DIT v. Income Tax Settlement Commission & Ors. 2017 TaxPub(DT) 4114 (Cal-HC) CIT v. Income Tax Settlement Commission & Ors. 2013 TaxPub(DT) 2101 (Del-HC) CIT v. Income Tax Settlement Commission (2012) 27 Taxmann.com 239 (Delhi) : 2013 TaxPub(DT) 0524 (Del-HC) DIT v. Income Tax Settlement Commissioner & Anr. [WP No. 341 of 2011, WP No. 344 of 2011 and WP No. 345 of 2011, dt. 1-8-2011] CIT v. T.V. Sundaram Iyengar and Sons Ltd. (1999) 236 ITR 524 (Mad) : 1999 TaxPub(DT) 0312 (Mad-HC) Rambhai Jethabhai Patel v. CIT (1977) 108 ITR 771 (Guj) : 1977 TaxPub(DT) 0569 (Guj-HC) Rescuwear Corporation, In re (2009) 177 Taxman 281 (ITSC) (SB) : 2008 TaxPub(DT) 2077 (ITSC) Jayalakshmi Leasing Co., In re (1997) 94 Taxman 236 (ITSC) (SB) : 1997 TaxPub(DT) 1261 (ITSC)
FAVOUR : In assessee's favour
A.Y. :
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