Income Tax Act, 1961
Section 245J: Recovery of sums due under order of settlement.—Any sum specified in an order of
245J. Recovery of sums due under order of settlement.—Any sum specified in an order of
settlement passed under sub-section (4) of section 245D may, subject to such conditions, if any, as may
be specified therein, be recovered, and any penalty for default in making payment of such sum may be
imposed and recovered in accordance with the provisions of Chapter XVII, by the 1[Assessing Officer]
having jurisdiction over the person who made the application for settlement under section 245C.
2[245K. Bar on subsequent application for settlement.—(1) Where—
(i) an order of settlement passed under sub-section (4) of section 245D provides for the
imposition of a penalty on the person who made the application under section 245C for settlement, on
the ground of concealment of particulars of his income; or
(ii) after the passing of an order of settlement under the said sub-section (4) in relation to a case,
such person is convicted of any offence under Chapter XXII in relation to that case; or
(iii) the case of such person was sent back to the Assessing Officer by the Settlement
Commission on or before the 1st day of June, 2002,
then, 3[he or any person related to such person (herein referred to as related person) shall not be entitled to
apply] for settlement under section 245C in relation to any other matter.
(2) Where a person has made an application under section 245C on or after the 1st day of June, 2007
and if such application has been allowed to be proceeded with under sub-section (1) of section 245D,
such person 4[or any related person shall not be subsequently entitled] to make an application under
section 245C.]
5[Explanation.—For the purposes of this section, “related person” with respect to a person means,—
(i) where such person is an individual, any company in which such person holds more than fifty
per cent of the shares or voting rights at any time, or any firm or association of persons or body of
individuals in which such person is entitled to more than fifty per cent of the profits at any time, or
any Hindu undivided family in which such person is a karta;
(ii) where such person is a company, any individual who held more than fifty per cent of the
shares or voting rights in such company at any time before the date of application before the
Settlement Commission by such person;
of section 245D may, subject to such conditions, if any, as may
be specified therein, be recovered, and any penalty for default in making payment of such sum may be
imposed and recovered in accordance with the provisions of Chapter XVII, by the 1[Assessing Officer]
having jurisdiction over the person who made the application for settlement under section 245C.
2[245K. Bar on subsequent application for settlement.—
Where—
an order of settlement passed under sub-section
of section 245D provides for the
imposition of a penalty on the person who made the application under section 245C for settlement, on
the ground of concealment of particulars of his income; or
after the passing of an order of settlement under the said sub-section
in relation to a case,
such person is convicted of any offence under Chapter XXII in relation to that case; or
the case of such person was sent back to the Assessing Officer by the Settlement
Commission on or before the 1st day of June, 2002,
then, 3[he or any person related to such person (herein referred to as related person) shall not be entitled to
apply] for settlement under section 245C in relation to any other matter.
Where a person has made an application under section 245C on or after the 1st day of June, 2007
and if such application has been allowed to be proceeded with under sub-section
of section 245D,
such person 4[or any related person shall not be subsequently entitled] to make an application under
section 245C.]
5[Explanation.—For the purposes of this section, “related person” with respect to a person means,—
where such person is an individual, any company in which such person holds more than fifty
per cent of the shares or voting rights at any time, or any firm or association of persons or body of
individuals in which such person is entitled to more than fifty per cent of the profits at any time, or
any Hindu undivided family in which such person is a karta;
where such person is a company, any individual who held more than fifty per cent of the
shares or voting rights in such company at any time before the date of application before the
Settlement Commission by such person;