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Ashwani Kumar Goel Vs. Income Tax Settlement Commission and ors.

Court : Delhi

Subject : Direct Taxation

situation has been taken care of by the insertion of the first proviso to Section 245F(2) by the Finance Act, 2007 w. e. f. 01.06.2007, but that cannot prejudice the rights of the revenue prior to that date as

Vatika Farms Private Limited Through Its Director, Sh. Anil Bhalla and ...

Court : Delhi

Subject : Direct Taxation

Reported in : (2008)216CTR(Del)37; 2008(102)DRJ356; [2008]98ITR302(Delhi)

are presently not concerned with that.4. The challenge has arisen out of amendments to the Act by the Finance Act, 2007. The effect of the amendments is that where a settlement application has been filed under Section 245C of … perform the functions of an income-tax authority under this Act in relation to the case' before it [Section 245F(2)]. Secondly, when a taxpayer (or a tax evader, as the case may be) files a settlement application before

Jagdish Transport Corporation Vs. Union Of India

Court : Supreme Court of India

Subject : Direct Taxation

the Income Tax Settlement Commission (for short “the Settlement Commission”). v) As per Section 245HA, inserted by the Finance Act, 2007, the application was to be decided by the Settlement Commission on or before 31.03.2008, failing which the proceedings … respect of the matters, not placed before the Commission by the applicant, as per the provisions of Section 245F(4) of the Act. The Settlement Commission passed the following order:- “In the abovementioned cases, the Hon’ble High Court

Brij Lal and ors. Vs. Commissioner of Income Tax, Jalandhar.

Court : Supreme Court of India

Subject : Income Tax

Acts : Income Tax Act, 1995 - Sections 245C,D; Finance act 1996

Reported in : (2011)1SCC1

time being in force. 5. At this stage, it may be noted that section 245C stood substituted by Finance Act, 2007, w.e.f. 1.6.2007. Prior to its substitution, the proviso to section 245C(1), as substituted by the Finance Act, 1987, … made by the applicant under that section covered such proceeding also : Powers and procedure of Settlement Commission. 245F. (1) In addition to the powers conferred on the Settlement Commission under this Chapter, it shall have all

Rajan Gupta Vs Commissioner of Income Tax

Court : Delhi

Subject : Income-tax

Acts : Income-tax Act, 1961 - Sections 260A, 143(2)

made under Section 245C on or after 01.06.2007, two provisos have been made applicable by virtue of the Finance Act, 2007 with effect from 01.06.2007. The two provisos to sub-section (2) read as under:- "Provided that where an application … A copy of every order under sub-section (1) shall be sent to the applicant and to the Commissioner.12. Section 245F makes provision for the powers and procedure of the Settlement Commission. Sub-sections (1) and (2) are relevant and

AGSON Global Pvt Ltd. and Others Vs. Income Tax Settlement Commission ...

Court : Delhi

Subject : Direct Taxation

under the provisions of sub-section (1) of this section, as they stood immediately before their amendment by the Finance Act, 2007, has not been made before the 1st day of June, 2007, such application shall be deemed to have … the power to direct a special audit under section 142 (2A) in exercise of its power vested in section 245F of the Income Tax Act, 1961 (hereinafter referred to as the said act ?)? 2. Petitioner Nos. 1

Thomas Philip vs Interim Board for Settlement -II

Court : Kerala

Subject : Land Acquisition

sub-section 3, or (ii) the -19-provisions of sub-section (1) as they stood immediately before their amendment by the Finance Act, 2007, and after giving an opportunity to the applicant and to the Principal Commissioner or Commissioner to be heard, … or Commissioner.” (emphasis supplied)8.1 Section 245E empowers the Commission to re-open the completed proceedings in appropriate cases, while 245F confers all the powers of an Income Tax authority upon the Commission. Section 245H empowers the Commission to

M/S Omaxe Ltd. and anr. Vs. Deputy Commissioner of Income Tax and anr.

Court : Delhi

Subject : Direct Taxation

within the said period, the Settlement Commission may make the order without such report.]. (1A) 72[Omitted by the Finance (No.2) Act, 1991, w.e.f. 27-9-1991.]. (2) A copy of every order under sub-section (1) shall be sent to … and the making of an admission order, it is the Settlement Commission alone which has exclusive jurisdiction under Section 245F (2) of the Act to pass orders in respect of the matters and related aspects. For this purpose,

r.t. Industries & Ors vs.income Tax Settlement Commission & An ...

Court : Delhi

Subject : Direct Taxation

under the provisions of sub-section (1) of this section, as they stood immediately before their amendment by the Finance Act, 2007, has not been made before the 1st day of June, 2007, such application shall be deemed to have … (2D), (3), (4), (4A), (5), (6) and (6A) of Section 245 D and sub-sections (1) and (2) of Section 245F and Sections 245-J of the Act, which are as under:-"WP(C) 4398/2017 Page 3 of 48 “245C. Application for