Section 245A of The Income Tax Act 1961 in hindi

In this Chapter, unless the context otherwise requires,(a) “Bench” means a Bench of the Settlement Commission; 3[(b) “case” means any proceeding for assessment under this Act, of any person in respect of any

assessment year or assessment years which may be pending before an Assessing Officer on the date on which an application under sub-section (1) of section 245C is made.

4* Explanation.—For the purposes of this clause—

5[(i) a proceeding for assessment or reassessment or recomputation under section 147 shall be deemed to have commenced—

1. (a)from the date on which a notice under section 148 is issued for any assessment year;
2. (b)from the date of issuance of the notice referred to in sub-clause (a), for any other assessment year or assessment years for which a notice under section 148 has not been issued, but such notice could have been issued on such date, if the return of income for the other assessment year or assessment years has been furnished under section 139 or in response to a notice under section 142;]

6* 7[(iii) a proceeding for making fresh assessment in pursuance of an order under

section 254 or section 263 or section 264, setting aside or cancelling an assessment shall be deemed to have commenced from the date on which such order, setting aside or cancelling an assessment was passed;]

⁸[(iiia) a proceeding for assessment or reassessment for any of the assessment years, referred to in clause (b) of sub-section (1) of section 153A in case of a person referred to in section 153Aor section 153C, shall be deemed to have commenced on the date of issue of notice initiating such proceeding and concluded on the date on which the assessment is made;]

1. (iv)a proceeding for assessment for any assessment year, other than the proceedings of assessment or reassessment referred to in ⁹[clause (i) or clause (iii) or clause (iiia)], shall be deemed to have commenced 10[from the date on which the return of income for that assessment year is furnished under section 139 or in response to a notice served under section 142 and concluded on the date on which the assessment is made; or on the expiry of ¹¹[the time specified for making assessment under sub-section (1) of section 153], in case where no assessment is made];]

1. (c)“Chairman” means the Chairman of the Settlement Commission; 4. The proviso omitted by Act 25 of 2014, s. 65 (w.e.f. 1-10-2014). 6. Clause (ii) omitted by Act 14 of 2010, s. 45 (w.e.f. 1-6-2010).
2. (d)“income-tax authority” means an income-tax authority specified in section 116;
3. (e)“Member” means a Member of the Settlement Commission, and includes the Chairman and a Vice-Chairman;
4. (f)“Settlement Commission” means the Income-tax Settlement Commission constituted under section 245B;
5. (g)“Vice-Chairman” means a Vice-Chairman of the Settlement Commission ¹[and includes a Member who is senior amongst the Members of a Bench].] 245B. Income-tax Settlement Commission.—(1) The Central Government shall constitute a Commission to be called the Income-tax Settlement Commission 2*** for the settlement of cases under this Chapter.

↩1.Ins. by Act 41 of 1975, s. 57 (w.e.f. 1-4-1976).

↩2.Subs. by Act 11 of 1987, s. 57, for section 245A (w.e.f. 1-6-1987).

↩3.Subs. by Act 22 of 2007, s. 62, for clause (b) (w.e.f. 1-6-2007).

↩5.Subs. by Act 20 of 2015, s. 58, for clause (i) (w.e.f. 1-6-2015).

↩7.Subs. by Act 25 of 2014, s. 65, for clause (iii) (w.e.f. 1-10-2014).

↩8.Ins. by Act 14 of 2010, s. 45 (w.e.f. 1-6-2010).

↩9.Subs. by Act 25 of 2014, s. 65, for “clause (i) or clause (iv) of the proviso or clause (iiia) of the Explanation” (w.e.f. 1-10-2014).

↩10.Subs. by Act 20 of 2015, s. 58, for “from the 1st day of the assessment year and concluded on the date on which the assessment is made” (w.e.f. 1-6-2015).

↩11.Subs. by Act 7 of 2017, s. 79, for “two years from the end of the relevant assessment year” (w.e.f. 1-4-2017).

1. (2)The Settlement Commission shall consist of a Chairman ³[and as many Vice-Chairmen and other members as the Central Government thinks fit] and shall function within the Department of the Central Government dealing with direct taxes. 4*
2. (3)The Chairman ⁵[, Vice-Chairman] and other members of the Settlement Commission shall be appointed by the Central Government from amongst persons of integrity and outstanding ability, having special knowledge of, and, experience in, problems relating to direct taxes and business accounts: Provided that, where a member of the Board is appointed as the Chairman ⁵[, Vice-Chairman] or as a

member of the Settlement Commission, he shall cease to be a member of the Board. 6* 7[245BA. Jurisdiction and powers of Settlement Commission.—(1) Subject to the other provisions

of this Chapter, the jurisdiction, powers and authority of the Settlement Commission may be exercised by Benches thereof.

1. (2)Subject to the other provisions of this section, a Bench shall be presided over by the Chairman or a Vice-Chairman and shall consist of two other Members.
2. (3)The Bench for which the Chairman is the Presiding Officer shall be the principal Bench and the other Benches shall be known as additional Benches.
3. (4)Notwithstanding anything contained in sub-sections (1) and (2), the Chairman may authorise the Vice-Chairman or other Member appointed to one Bench to discharge also the functions of the Vice-Chairman or, as the case may be, other Member of another Bench.
4. (5)Notwithstanding anything contained in the foregoing provisions of this section, and subject to any rules that may be made in this behalf, when one of the persons constituting a Bench (whether such person be the Presiding Officer or other Member of the Bench) is unable to discharge his functions owing to absence, illness or any other cause or in the event of the occurrence of any vacancy either in the office of the Presiding Officer or in the office of one or the other Members of the Bench, the remaining two persons may function as the Bench and if the Presiding Officer of the Bench is not one of the remaining two persons, the senior among the remaining persons shall act as the Presiding Officer of the Bench: 2. The brackets and words ‘(hereafter in this Chapter referred to as “the Settlement Commission”)’ omitted by Act 11 of 1987, s. 58 (w.e.f. 1-6-1987). 4. Sub-section (2A) omitted by s. 15, ibid. (w.e.f. 10-9-1986). 6. The second proviso omitted by s. 15, ibid. (w.e.f. 10-9-1986). Provided that if at any stage of the hearing of any such case or matter, it appears to the Presiding Officer that the case or matter is of such a nature that it ought to be heard of by a Bench consisting of three Members, the case or matter may be referred by the Presiding Officer of such Bench to the Chairman for transfer to such Bench as the Chairman may deem fit. ¹[(5A) Notwithstanding anything contained in the foregoing provisions of this section, the Chairman may, for the disposal of any particular case, constitute a Special Bench consisting of more than three Members.]
5. (6)Subject to the other provisions of this Chapter, the places at which the principal Bench and the additional Benches shall ordinarily sit shall be such as the Central Government may, by notification in the Official Gazette, specify ¹[and the Special Bench shall sit at a place to be fixed by the Chairman].]

↩1.Ins. by Act 22 of 2007, s. 62 (w.e.f. 1-6-2007).

↩3.Subs. by Act 46 of 1986, s. 15, for “and two other members” (w.e.f. 10-9-1986).

↩5.Ins. by s. 15, ibid (w.e.f. 10-9-1986).

↩7.Ins. by Act 11 of 1987, s. 59 (w.e.f. 1-6-1987).