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What is Abatement of proceeding before Settlement Commission? What is Credit for tax paid in case of abatement of proceedings? Section 245HA and 245HAA of Income Tax Act 1961

Abatement of proceeding before Settlement Commission and Credit for tax paid in case of abatement of proceedings are defined under section 245HA and 245HAA of Income Tax Act 1961. Provisions under these Sections are:

Section 245HA of Income Tax Act "Abatement of proceeding before Settlement Commission"

Section 245HA. (1) Where-
(i) an application made under section 245C on or after the 1st day of June, 2007 has been rejected under sub-section (1) of section 245D; or
(ii) an application made under section 245C has not been allowed to be proceeded with under sub-section (2A) or further proceeded with under sub-section (2D) of section 245D; or

(iii) an application made under section 245C has been declared as invalid under sub-section (2C) of section 245D; or

2[(iiia) in respect of any application made under section 245C, an order under sub-section (4) of section 245D has been passed not providing for the terms of settlement; or]

(iv) in respect of any other application made under section 245C, an order under sub-section (4) of section 245D has not been passed within the time or period specified under sub-section (4A) of section 245D, the proceedings before the Settlement Commission shall abate on the specified date.

Explanation.-For the purposes of this sub-section, "specified date" means-
(a) in respect of an application referred to in clause (i), the day on which the application was rejected;
(b) in respect of an application referred to in clause (ii), the 31st day of July, 2007;

 

(iv) in respect of any other application made under section 245C, an order under sub-section (4) of section 245D has not been passed within the time or period specified under sub-section (4A) of section 245D,

the proceedings before the Settlement Commission shall abate on the specified date.

Explanation.-For the purposes of this sub-section, "specified date" means-
(a) in respect of an application referred to in clause (i), the day on which the application was rejected;

(b) in respect of an application referred to in clause (ii), the 31st day of July, 2007;

Section 245HAA of Income Tax Act "Credit for tax paid in case of abatement of proceedings"

Section 245HAA. Where an application made under section 245C on or after the 1st day of June, 2007, is rejected under sub-section (1) of section 245D, or any other application made under section 245C is not allowed to be proceeded with under sub-section (2A) of section 245D or is declared invalid under sub-section (2C) of section 245D or has not been allowed to be further proceeded with under sub-section (2D) of section 245D or an order under sub-section (4) of section 245D has not been passed within the time or period specified under sub-section (4A) of section 245D, the Assessing Officer shall allow the credit for the tax and interest paid on or before the date of making the application or during the pendency of the case before the Settlement Commission.

 

   
 

Income Tax Act 1961

What is Power of Settlement Commission to reopen completed proceedings? What are Powers and procedure of Settlement Commission? Section 245E and 245F of Income Tax Act 1961

What is Inspection, etc., of reports? What is Power of Settlement Commission to grant immunity from prosecution and penalty? Section 245G and 245H of Income Tax Act 1961

What is Abatement of proceeding before Settlement Commission? What is Credit for tax paid in case of abatement of proceedings? Section 245HA and 245HAA of Income Tax Act 1961

What is Order of settlement to be conclusive? What is Recovery of sums due under order of settlement? Section 245I and 245J of Income Tax Act 1961

What is Bar on subsequent application for settlement? What is the meaning of Proceedings before Settlement Commission to be judicial proceedings? Section 245K and 245L of Income Tax Act 1961

What are Advance Rulings Definitions? What is Authority for Advance Rulings? Section 245N and 245O of Income Tax Act 1961

What is the meaning of Vacancies, etc., not to invalidate proceedings? How to file Application for advance ruling? What is Procedure on receipt of application? Section 245P, 245Q and 245R of Income Tax Act 1961

What is the meaning Appellate authority not to proceed in certain cases? What is Applicability of advance ruling? What is the meaning of Advance ruling to be void in certain circumstances? Section 245RR, 245S and 245T of Income Tax Act 1961

What are the Powers of the Authority? What is Procedure of Authority? Section 245U and 245V of Income Tax Act 1961

What are the Appealable orders? What are Appealable orders before Commissioner (Appeals)? Section 246 and 246A of Income Tax Act 1961

What is Appeal by a person denying liability to deduct tax in certain cases? What is the Form of appeal and limitation? What is the Procedure in appeal? Section 248, 249 and 250 of Income Tax Act 1961

 

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