Income Tax Act, 1961
Section 3: Subs. by Act 25 of 2014, s. 4, for “Commissioner” (w.e.f. 12013).
3. Subs. by Act 25 of 2014, s. 4, for “Commissioner” (w.e.f. 12013).
4. Subs. by Act 22 of 2007, s. 64, for sub-sections (2A), (2B), (2C) and (2D) (w.e.f. 12007).
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Provided that an application shall not be declared invalid unless an opportunity has been given to the
applicant of being heard:
Provided further that where the 1[Principal Commissioner or Commissioner] has not furnished the
report within the aforesaid period, the Settlement Commission shall proceed further in the matter without
the report of the 1[Principal Commissioner or Commissioner].
(2D) Where an application was made under sub-section (1) of section 245C before the 1st day of
June, 2007 and an order under the provisions of sub-section (1) of this section, as they stood immediately
before their amendment by the Finance Act, 2007, allowing the application to have been proceeded with,
has been passed before the 1st day of June, 2007, but an order under the provisions of sub-section (4), as
they stood immediately before their amendment by the Finance Act, 2007, was not passed before the 1st
day of June, 2007, such application shall not be allowed to be further proceeded with unless the additional
tax on the income disclosed in such application and the interest thereon, is, notwithstanding any extension
of time already granted by the Settlement Commission, paid on or before the 31st day of July, 2007.]
2[(3) The Settlement Commission, in respect of—
(i) an application which has not been declared invalid under sub-section (2C); or
(ii) an application referred to in sub-section (2D) which has been allowed to be further proceeded
with under that sub-section,
may call for the records from the 1[Principal Commissioner or Commissioner] and after examination of
such records, if the Settlement Commission is of the opinion that any further enquiry or investigation in
the matter is necessary, it may direct the 1[Principal Commissioner or Commissioner] to make or cause to
be made such further enquiry or investigation and furnish a report on the matters covered by the
application and any other matter relating to the case, and the 1[Principal Commissioner or Commissioner]
shall furnish the report within a period of ninety days of the receipt of communication from the
Settlement Commission:
Provided that where the 1[Principal Commissioner or Commissioner] does not furnish the report
within the aforesaid period, the Settlement Commission may proceed to pass an order under
sub-section (4) without such report.
(4) After examination of the records and the report of the 1[Principal Commissioner or
Commissioner], if any, received under—
(i) sub-section (2B) or sub-section (3), or
(ii) the provisions of sub-section (1) as they stood immediately before their amendment by the
Finance Act, 2007,
and after giving an opportunity to the applicant and to the 1[Principal Commissioner or Commissioner] to
be heard, either in person or through a representative duly authorised in this behalf, and after examining
such further evidence as may be placed before it or obtained by it, the Settlement Commission may, in
accordance with the provisions of this Act, pass such order as it thinks fit on the matters covered by the
and
(w.e.f. 12007).
711
Provided that an application shall not be declared invalid unless an opportunity has been given to the
applicant of being heard:
Provided further that where the 1[Principal Commissioner or Commissioner] has not furnished the
report within the aforesaid period, the Settlement Commission shall proceed further in the matter without
the report of the 1[Principal Commissioner or Commissioner].
Where an application was made under sub-section
of section 245C before the 1st day of
June, 2007 and an order under the provisions of sub-section
of this section, as they stood immediately
before their amendment by the Finance Act, 2007, allowing the application to have been proceeded with,
has been passed before the 1st day of June, 2007, but an order under the provisions of sub-section
The Settlement Commission, in respect of—
an application which has not been declared invalid under sub-section
an application referred to in sub-section
which has been allowed to be further proceeded
with under that sub-section,
may call for the records from the 1[Principal Commissioner or Commissioner] and after examination of
such records, if the Settlement Commission is of the opinion that any further enquiry or investigation in
the matter is necessary, it may direct the 1[Principal Commissioner or Commissioner] to make or cause to
be made such further enquiry or investigation and furnish a report on the matters covered by the
application and any other matter relating to the case, and the 1[Principal Commissioner or Commissioner]
shall furnish the report within a period of ninety days of the receipt of communication from the
Settlement Commission:
Provided that where the 1[Principal Commissioner or Commissioner] does not furnish the report
within the aforesaid period, the Settlement Commission may proceed to pass an order under
sub-section
without such report.
After examination of the records and the report of the 1[Principal Commissioner or
Commissioner], if any, received under—
sub-section
or sub-section
the provisions of sub-section
as they stood immediately before their amendment by the
Finance Act, 2007,
and after giving an opportunity to the applicant and to the 1[Principal Commissioner or Commissioner] to
be heard, either in person or through a representative duly authorised in this behalf, and after examining
such further evidence as may be placed before it or obtained by it, the Settlement Commission may, in
accordance with the provisions of this Act, pass such order as it thinks fit on the matters covered by the