Income Tax Act, 1961
Section 7: Sub-sections (5) and (6) omitted by Act 11 of 1987, s. 63 (w.e.f. 11987).
7. Sub-sections (5) and (6) omitted by Act 11 of 1987, s. 63 (w.e.f. 11987).
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(7) The Settlement Commission shall, subject to the provisions of this Chapter, have power to
regulate its own procedure and the procedure of Benches thereof in all matters arising out of the exercise
of its powers or of the discharge of its functions, including the places at which the Benches shall hold
their sittings.]
245G. Inspection, etc., of reports.—No person shall be entitled to inspect, or obtain copies of, any
reports made by any income-tax authority to the Settlement Commission; but the Settlement Commission
may, in its discretion, furnish copies thereof to any such person on an application made to it in this behalf
and on payment of the prescribed fee:
Provided that, for the purpose of enabling any person whose case is under consideration to rebut any
evidence brought on record against him in any such report, the Settlement Commission shall, on an
application made in this behalf, and on payment of the prescribed fee by such person, furnish him with a
certified copy of any such report or part thereof relevant for the purpose.
245H. Power of Settlement Commission to grant immunity from prosecution and penalty.—(1)
The Settlement Commission may, if it is satisfied that any person who made the application for settlement
under section 245C has co-operated with the Settlement Commission in the proceedings before it and has
made a full and true disclosure of his income and the manner in which such income has been derived,
grant to such person, subject to such conditions as it may think fit to impose 1[for the reasons to be
recorded in writing], immunity from prosecution for any offence under this Act or under the Indian Penal
Code (45 of 1860) or under any other Central Act for the time being in force 2[and also (either wholly or
in part) from the imposition of any penalty] under this Act, with respect to the case covered by the
settlement:
3[Provided that no such immunity shall be granted by the Settlement Commission in cases where the
proceedings for the prosecution for any such offence have been instituted before the date of receipt of the
application under section 245C:]
4[Provided further that the Settlement Commission shall not grant immunity from prosecution for any
offence under the Indian Penal Code (45 of 1860) or under any Central Act other than this Act and the
Wealth-tax Act, 1957 (27 of 1957) to a person who makes an application under section 245C on or after
the 1st day of June, 2007.]
3[(1A) An immunity granted to a person under sub-section (1) shall stand withdrawnif such person
fails to pay any sum specified in the order of settlement passed under sub-section (4) of section
245D within the time specified in such order or within such further time as may be allowed by the
Settlement Commission, or fails to comply with any other condition subject to which the immunity was
granted and thereupon the provisions of this Act shall apply as if such immunity had not been granted.]
(2) An immunity granted to a person under sub-section (1) may, at any time, be withdrawn by the
Settlement Commission, if it is satisfied that such person 5*** had, in the course of the settlement
proceedings, concealed any particulars material to the settlement or had given false evidence, and
thereupon such person may be tried for the offence with respect to which the immunity was granted or for
any other offence of which he appears to have been guilty in connection with the settlement and shall also
become liable to the imposition of any penalty under this Act to which such person would have been
liable, had not such immunity been granted.
6[245HA. Abatement of proceeding before Settlement Commission.—(1) Where—
(i) an application made under section 245C on or after the 1st day of June, 2007 has been
rejected under sub-section (1) of section 245D; or
and
omitted by Act 11 of 1987, s. 63 (w.e.f. 11987).
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The Settlement Commission shall, subject to the provisions of this Chapter, have power to
regulate its own procedure and the procedure of Benches thereof in all matters arising out of the exercise
of its powers or of the discharge of its functions, including the places at which the Benches shall hold
their sittings.]
245G. Inspection, etc., of reports.—No person shall be entitled to inspect, or obtain copies of, any
reports made by any income-tax authority to the Settlement Commission; but the Settlement Commission
may, in its discretion, furnish copies thereof to any such person on an application made to it in this behalf
and on payment of the prescribed fee:
Provided that, for the purpose of enabling any person whose case is under consideration to rebut any
evidence brought on record against him in any such report, the Settlement Commission shall, on an
application made in this behalf, and on payment of the prescribed fee by such person, furnish him with a
certified copy of any such report or part thereof relevant for the purpose.
245H. Power of Settlement Commission to grant immunity from prosecution and penalty.—
The Settlement Commission may, if it is satisfied that any person who made the application for settlement
under section 245C has co-operated with the Settlement Commission in the proceedings before it and has
made a full and true disclosure of his income and the manner in which such income has been derived,
grant to such person, subject to such conditions as it may think fit to impose 1[for the reasons to be
recorded in writing], immunity from prosecution for any offence under this Act or under the Indian Penal
Code (45 of 1860) or under any other Central Act for the time being in force 2[and also (either wholly or
in part) from the imposition of any penalty] under this Act, with respect to the case covered by the
settlement:
3[Provided that no such immunity shall be granted by the Settlement Commission in cases where the
proceedings for the prosecution for any such offence have been instituted before the date of receipt of the
application under section 245C:]
4[Provided further that the Settlement Commission shall not grant immunity from prosecution for any
offence under the Indian Penal Code (45 of 1860) or under any Central Act other than this Act and the
Wealth-tax Act, 1957 (27 of 1957) to a person who makes an application under section 245C on or after
the 1st day of June, 2007.]
3[
An immunity granted to a person under sub-section
shall stand withdrawnif such person
fails to pay any sum specified in the order of settlement passed under sub-section
of section
245D within the time specified in such order or within such further time as may be allowed by the
Settlement Commission, or fails to comply with any other condition subject to which the immunity was
granted and thereupon the provisions of this Act shall apply as if such immunity had not been granted.]
An immunity granted to a person under sub-section
may, at any time, be withdrawn by the
Settlement Commission, if it is satisfied that such person 5*** had, in the course of the settlement
proceedings, concealed any particulars material to the settlement or had given false evidence, and
thereupon such person may be tried for the offence with respect to which the immunity was granted or for
any other offence of which he appears to have been guilty in connection with the settlement and shall also
become liable to the imposition of any penalty under this Act to which such person would have been
liable, had not such immunity been granted.
6[245HA. Abatement of proceeding before Settlement Commission.—
Where—
an application made under section 245C on or after the 1st day of June, 2007 has been
rejected under sub-section
of section 245D; or