Income Tax Act, 1961
Section 8: Subs. by Act 20 of 2015, s. 59, for sub-section (6B) (w.e.f. 12015).
8. Subs. by Act 20 of 2015, s. 59, for sub-section (6B) (w.e.f. 12015).
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Provided that no application for rectification shall be made by the Principal Commissioner or the
Commissioner or the applicant after the expiry of six months from the end of the month in which an order
under sub-section (4) is passed by the Settlement Commission:
Provided further that an amendment which has the effect of modifying the liability of the applicant
shall not be made under this sub-section unless the Settlement Commission has given notice to the
applicant and the Principal Commissioner or Commissioner of its intention to do so and has allowed the
applicant and the Principal Commissioner or Commissioner an opportunity of being heard.]
(7) Where a settlement becomes void as provided under sub-section (6), the proceedings with respect
to the matters covered by the settlement shall be deemed to have been revived from the stage at which the
application was allowed to be proceeded with by the Settlement Commission and the income-tax
authority concerned, may, notwithstanding anything contained in any other provision of this Act,
complete such proceedings at any time before the expiry of two years from the end of the financial year in
which the settlement became void.
1[(8) For the removal of doubts, it is hereby declared that nothing contained in section 153 shall apply
to any order passed under sub-section (4) or to any order of assessment, reassessment or recomputation
required to be made by the 2[Assessing Officer] in pursuance of any directions contained in such order
passed by the Settlement Commission 3[and nothing contained in the proviso to sub-section (1) of
section 186 shall apply to the cancellation of the registration of a firm required to be made in pursuance of
any such directions as aforesaid.]]
4[245DD. Power of Settlement Commission to order provisional attachment to protect
revenue.—(1) Where, during the pendency of any proceeding before it, the Settlement Commission is of
the opinion that for the purpose of protecting the interests of the revenue it is necessary so to do, it may,
by order, attach provisionally any property belonging to the applicant in the manner provided in the
Second Schedule:
Provided that where a provisional attachment made under section 281B is pending immediately
before an application is made under section 245C, an order under this sub-section shall continue such
provisional attachment up to the period up to which an order made under section 281B would have
continued if such application had not been made:
Provided further that where the Settlement Commission passes an order under this sub-section after
the expiry of the period referred to in the preceding proviso, the provisions of sub-section (2) shall apply
to such order as if the said order had originally been passed by the Settlement Commission.
(2) Every provisional attachment made by the Settlement Commission under sub-section (1) shall
cease to have effect after the expiry of a period of six months from the date of the order made under
sub-section (1):
Provided that the Settlement Commission may, for reasons to be recorded in writing, extend the
aforesaid period by such further period or periods as it thinks fit 5***.]
(w.e.f. 12015).
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Provided that no application for rectification shall be made by the Principal Commissioner or the
Commissioner or the applicant after the expiry of six months from the end of the month in which an order
under sub-section
is passed by the Settlement Commission:
Provided further that an amendment which has the effect of modifying the liability of the applicant
shall not be made under this sub-section unless the Settlement Commission has given notice to the
applicant and the Principal Commissioner or Commissioner of its intention to do so and has allowed the
applicant and the Principal Commissioner or Commissioner an opportunity of being heard.]
Where a settlement becomes void as provided under sub-section
For the removal of doubts, it is hereby declared that nothing contained in section 153 shall apply
to any order passed under sub-section
or to any order of assessment, reassessment or recomputation
required to be made by the 2[Assessing Officer] in pursuance of any directions contained in such order
passed by the Settlement Commission 3[and nothing contained in the proviso to sub-section
of
section 186 shall apply to the cancellation of the registration of a firm required to be made in pursuance of
any such directions as aforesaid.]]
4[245DD. Power of Settlement Commission to order provisional attachment to protect
revenue.—
Where, during the pendency of any proceeding before it, the Settlement Commission is of
the opinion that for the purpose of protecting the interests of the revenue it is necessary so to do, it may,
by order, attach provisionally any property belonging to the applicant in the manner provided in the
Second Schedule:
Provided that where a provisional attachment made under section 281B is pending immediately
before an application is made under section 245C, an order under this sub-section shall continue such
provisional attachment up to the period up to which an order made under section 281B would have
continued if such application had not been made:
Provided further that where the Settlement Commission passes an order under this sub-section after
the expiry of the period referred to in the preceding proviso, the provisions of sub-section
shall apply
to such order as if the said order had originally been passed by the Settlement Commission.
Every provisional attachment made by the Settlement Commission under sub-section
shall
cease to have effect after the expiry of a period of six months from the date of the order made under
sub-section