245A Income Tax Act - Definitions

Section 245a of Income Tax Act 1961 - Definitions

1, 2In 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-

(a) from the date on which a notice under section 148 is issued for any assessment year;

(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;

(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 10from 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 11the time specified for making assessment under sub-section (1) of section 153, in case where no assessment is made;

(d) "income-tax authority" means an income-tax authority specified in section 116;

(e) "Member" means a Member of the Settlement Commission, and includes the Chairman and a Vice-Chairman;

(f) "Settlement Commission" means the Income-tax Settlement Commission constituted under section 245B;

(g) "Vice-Chairman" means a Vice-Chairman of the Settlement Commission 12 and includes a Member who is senior amongst the Members of a Bench.

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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).
4. The proviso omitted by Act 25 of 2014, s. 65 (w.e.f. 1-10-2014).
5. Subs. by Act 20 of 2015, s. 58, for clause (i) (w.e.f. 1-6-2015).
6. Clause (ii) omitted by Act 14 of 2010, s. 45 (w.e.f. 1-6-2010).
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).
12. Ins. by Act 22 of 2007, s. 62 (w.e.f. 1-6-2007).