Budget 2011- Power of the Settlement Commission to rectify its orders

The existing provisions of section 245D(4) of the Income-tax Act provide that the Settlement Commission may pass an order, as it thinks fit, on the matters covered by the applications received by it, after giving an opportunity of being heard to the applicant and to the Commissioner. Further, under section 245F(1), the Settlement Commission has been conferred all the powers which are vested in an income-tax authority under the Act. An income-tax authority has the power (under section 154) to amend any order passed by it for the purpose of rectifying any mistake apparent from the record.

It is proposed to insert a new sub-section (6B) in section 245D so as to specifically provide that the Settlement Commission may, at any time within a period of six months from the date of its order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under section 245D(4).

It is further provided that a rectification which has the effect of modifying the liability of the applicant shall not be made unless the Settlement Commission has given notice to the applicant and the Commissioner of its intention to do so and has allowed the applicant and the Commissioner an opportunity of being heard.

Consequential amendments on similar lines are proposed to be made to section 22D of the Wealth Tax Act. These amendments will take effect from 1st June, 2011.

Related posts:

1. Interest under s. 220(2) is leviable for default in payment of tax from the date of default till the date of admission of application for settlement by Settlement Commission
2. Budget 2010-11: Amendments related to Settlement Commission provisions
3. Income-tax Settlement Commission (Procedure) Amendment Rules, 2010 – Amendment in rules 2,5,6,7,9 and insertion of rule 12A
4. After Settlement Commission order no power vests in the assessing authority or any other authority in respect of period and income covered under the order
5. Amendment proposed by union budget 2010 in Provisions dealing with Settlement Commission