Case Law Details
Bishan Das Goyal HUF Vs Pr. Commissioner Of Income Tax (Delhi High Court)
Question that falls for consideration of this Court is whether the Commission had erred in rejecting the petitioner’s application under Section 245C(1) of the Act in respect of the Assessment Years 2012-13, 2013-14 and 2014-15. Admittedly, the time for the Assessing Officer to make an assessment pursuant to the returns filed by the petitioner under Section 139 of the Act in respect of the Assessment Years 2012-13, 2013-14 & 2014-15 had expired and no notice was issued under Section 148 of the Act for assessment, reassessment or re-computation of the petitioner’s income for the said years.
A plain reading of Explanation (i) to Clause (b) of Section 245A of the Act clearly indicates that the proceedings in relation to assessment or reassessment or re-computation under Section 147 of the Act had not commenced in respect of the Assessment Years 2012- 13, 2013-14 and 2014-15 and therefore, we find no infirmity with the decision of the Commission that the petitioner’s application under Section 245C of the Act in respect of the said assessment years, was not maintainable.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. The petitioner has filed the present petition impugning an order dated 19.12.2017 passed by the Income Tax Settlement Commission (hereafter ‘the Commission’) under Section 245D(1) of the Income Tax Act, 1961 (hereafter ‘the Act’) the limited extent that the settlement application under Section 245C(1) of the Act was held to be invalid for the Assessment Years 2012-13, 2013-14 and 2014-15.
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