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Home Bare Acts Phrase: section 245dFinance Act, 2010 Section 47
Title: Amendment of Section 245d
State: Central
Year: 2010
In section 245D of the Income-tax Act, in sub-section (4A),-- (a) in clause (ii), after the words, figures and letters "the 1st day of June, 2007", the words, figures and letters "but before the 1st day of June, 2010" shall be inserted; (b) after clause (ii), the following clause shall be inserted with effect from the 1st day of June, 2010, namely:-- "(iii) in respect of an application made on or after the 1st day of June, 2010, within eighteen months from the end of the month in which the application was made.".
View Complete Act List Judgments citing this sectionFinance Act, 1985 Section 33
Title: Amendment of Section 245d
State: Central
Year: 1985
In section 245D of the Income-tax Act, in sub-section (2A), after the words, brackets and figure "order under sub-section (1)", the words "allowing the application to be proceeded with" shall be inserted and shall be deemed to have been inserted with effect from the 1st day of October, 1984.
View Complete Act List Judgments citing this sectionFinance Act, 1995 Section 44
Title: Amendment of Section 245d
State: Central
Year: 1995
In section 245D of the Income-tax Act, in sub-section (1), for the second proviso, the following proviso shall be substituted with effect from the 1st day of July, 1995, namely :- "Provided further that the Commissioner shall furnish the report within a period of forty-five days of the receipt of communication from the Settlement Commission in case of all applications made under section 245C on or after the 1st day of July, 1995, and if the Commissioner fails to furnish the report within the said period, the Settlement Commission may make the order without such report."
View Complete Act List Judgments citing this sectionFinance Act, 1982 Section 28
Title: Amendment of Section 245d
State: Central
Year: 1982
In section 245D of the Income-tax Act, in sub-section (5), for the words "The materials brought on record", the words, brackets, figures and letters "Subject to the provisions of sub-section (2A) of section 245B, the materials brought on record" shall be substituted.
View Complete Act List Judgments citing this sectionFinance Act, 2011, (Central) Section 30
Title: Amendment of Section 245d
State: Central
Year: 2011
In section 245D of the Income-tax Act, after sub-section (6A), the following sub-section shall be inserted with effect from the 1st day of June, 2011, namely:-- "(6B) The Settlement Commission may, at any time within a period of six months from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (4): Provided 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 Commissioner of its intention to do so and has allowed the applicant and the Commissioner an opportunity of being heard.".
View Complete Act List Judgments citing this sectionFinance Act, 2002 Section 95
Title: Amendment of Section 245d
State: Central
Year: 2002
In section 245D of the Income-tax Act, with effect from the 1st day of June, 2002,-- (a) in sub-section (1), for the words "the Settlement Commission may, by order, allow the application to be proceeded with or reject the application", the words, figures and letter "the Settlement Commission, shall, where it is possible, by order, reject the application or allow the application to be proceeded with within a period of one year from the end of the month in which such application was made under section 245C" shall be substituted; (b) after sub-section (4), the following sub-section shall be inserted, namely:-- "(4A) In every application allowed to be proceeded with under subsection (i), the Settlement Commission shall, where it is possible, pass an order under sub-section (4) within a period of four years from the end of the financial year in which such application was allowed to be proceeded with.".
View Complete Act List Judgments citing this sectionFinance Act 1979 Section 20
Title: Amendment of Section 245d
State: Central
Year: 1979
In section 245D of the Income-tax Act, - (a) in sub-section (1), the second proviso shall be omitted; (b) after sub-section (1), the following sub-section shall be inserted, namely :- "(1A) Notwithstanding anything contained in sub-section (1), an application shall not be proceeded with under that sub-section if the Commissioner objects to the application being proceeded with on the ground that concealment of particulars of income on the part of the applicant or perpetration of fraud by him for evading any tax or other sum chargeable or imposable under the Indian Income-tax Act, 1922 (11 of 1922), or under this Act, has been established or is likely to be established by any income-tax authority, in relation to the case : Provided that where the Settlement Commission is not satisfied with the correctness of the objection raised by the Commissioner, the Settlement Commission may, after giving the Commissioner an opportunity of being heard, by order, allow the application to be proceeded with under sub-section (1) and send a copy of its order to the Commissioner.".
View Complete Act List Judgments citing this sectionFinance Act, 1987 Section 61
Title: Amendment of Section 245d
State: Central
Year: 1987
In section 245D of the Income-tax Act, with effect from the 1st day of June, 1987, - (a) after sub-section (4), the following sub-section shall be inserted, namely :- "(5) Subject to the provisions of section 245BA, the materials brought on record before the Settlement Commission shall be considered by the Members of the concerned Bench before passing any order under sub-section (4) and, in relation to the passing of such order, the provisions of section 245BD shall apply."; (b) in sub-section (6), for the words "tax or penalty", the words "tax, penalty or interest" shall be substituted; (c) in sub-section (8), after the words "passed by the Settlement Commission", the words, brackets and figures "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" shall be inserted.
View Complete Act List Judgments citing this sectionFinance Act 2007 Section 64
Title: Amendment of Section 245d
State: Central
Year: 2007
.....the Settlement Commission shall proceed further in the matter without the report of the Commissioner. (2D) Where an application was made under sub-section (1) of section 245C before the 1st day of June, 2007 and an order under the provisions of subsection (1) of this section, as they stood immediately before their amendment by the Finance Act, 2007, allowing the application to have been proceeded with, has been passed before the 1st day of June, 2007, but an order under the provisions of sub-section (4), as they stood immediately before their amendment by the Finance Act, 2007, was not passed before the 1st day of June, 2007, such application shall not be allowed to be further proceeded with unless the additional tax on the income disclosed in such application and the interest thereon, is, notwithstanding any extension of time already granted by the Settlement Commission, paid on or before the 31st day of July, 2007."; (iii) for sub-sections (3), (4) and (4A), the following sub-sections shall be substituted with effect from the 1st day of June, 2007, namely:-- "(3) The Settlement Commission, in respect of-- (i) an application which has not been declared invalid under.....
View Complete Act List Judgments citing this sectionFinance Act 2007 Section 69
Title: Insertion of New Sections 245ha and 245haa
State: Central
Year: 2007
.....Commission.-- (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 subsection (2D) of section 245 D; or (iii) an application made under section 245C has been declared as invalid under sub-section (2C) of section 245D; 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; (c) in respect of an application referred to in clause (iii), the last day of the month in which the application was declared invalid; .....
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