Income Tax Act, 1961
Section 11: Subs. by Act 4 of 1988, s. 2, for “Commissioner” (w.e.f. 11988).
11. Subs. by Act 4 of 1988, s. 2, for “Commissioner” (w.e.f. 11988).
705
1[CHAPTER XIXA
SETTLEMENTOF CASES
2[245A. Definitions.—In this Chapter, unless the context otherwise requires,—
(a) “Bench” means a Bench of the Settlement Commission;
3[(b) “case” means any proceeding for assessment under this Act, of any person in respect of any
assessment year or assessment years which may be pending before an Assessing Officer on the date
on which an application under sub-section (1) of section 245C is made.
4* * * * *
Explanation.—For the purposes of this clause—
5[(i) a proceeding for assessment or reassessment or recomputation under section 147 shall be
deemed to have commenced—
(a) from the date on which a notice under section 148 is issued for any assessment year;
(b) from the date of issuance of the notice referred to in sub-clause (a), for any other
assessment year or assessment years for which a notice under section 148 has not been issued, but
such notice could have been issued on such date, if the return of income for the other assessment
year or assessment years has been furnished under section 139 or in response to a notice
under section 142;]
6* * * * *
7[(iii) a proceeding for making fresh assessment in pursuance of an order under
section 254 or section 263 or section 264, setting aside or cancelling an assessment shall be deemed
to have commenced from the date on which such order, setting aside or cancelling an assessment was
passed;]
8[(iiia) a proceeding for assessment or reassessment for any of the assessment years, referred to in
clause (b) of sub-section (1) of section 153A in case of a person referred to in section 153Aor
section 153C, shall be deemed to have commenced on the date of issue of notice initiating such
proceeding and concluded on the date on which the assessment is made;]
(iv) a proceeding for assessment for any assessment year, other than the proceedings of
assessment or reassessment referred to in 9[clause (i) or clause (iii) or clause (iiia)], shall be deemed
to have commenced 10[from the date on which the return of income for that assessment year is
furnished under section 139 or in response to a notice served under section 142 and concluded on the
date on which the assessment is made; or on the expiry of 11[the time specified for making assessment
under sub-section (1) of section 153], in case where no assessment is made];]
(c) “Chairman” means the Chairman of the Settlement Commission;
“Bench” means a Bench of the Settlement Commission;
3[
“case” means any proceeding for assessment under this Act, of any person in respect of any
assessment year or assessment years which may be pending before an Assessing Officer on the date
on which an application under sub-section
of section 245C is made.
4* * * * *
Explanation.—For the purposes of this clause—
5[
a proceeding for assessment or reassessment or recomputation under section 147 shall be
deemed to have commenced—
from the date on which a notice under section 148 is issued for any assessment year;
from the date of issuance of the notice referred to in sub-clause
a proceeding for making fresh assessment in pursuance of an order under
section 254 or section 263 or section 264, setting aside or cancelling an assessment shall be deemed
to have commenced from the date on which such order, setting aside or cancelling an assessment was
passed;]
8[
a proceeding for assessment or reassessment for any of the assessment years, referred to in
clause
of sub-section
of section 153A in case of a person referred to in section 153Aor
section 153C, shall be deemed to have commenced on the date of issue of notice initiating such
proceeding and concluded on the date on which the assessment is made;]
a proceeding for assessment for any assessment year, other than the proceedings of
assessment or reassessment referred to in 9[clause
or clause
or clause
of section 153], in case where no assessment is made];]
“Chairman” means the Chairman of the Settlement Commission;