245E Income Tax Act - Power of Settlement Commission to reopen completed proceedings

Section 245e of Income Tax Act 1961 - Power of Settlement Commission to reopen completed proceedings

If the Settlement Commission is of the opinion (the reasons for such opinion to be recorded by it in writing) that, for the proper disposal of the case pending before it, it is necessary or expedient to reopen any proceeding connected with the case but which has been completed 1 *** under this Act by any income-tax authority before the application under section 245C was made, it may, with the concurrence of the applicant, reopen such proceeding and pass such order thereon as it thinks fit, as if the case in relation to which the application for settlement had been made by the applicant under that section covered such proceeding also:

2 Provided that no proceeding shall be reopened by the Settlement Commission under this section if the period between the end of the assessment year to which such a proceeding relates and the date of application for settlement under section 245C exceeds nine years:

3 Provided further that no proceeding shall be reopened by the Settlement Commission under this section in a case where an application under section 245C is made on or after the 1st day of June, 2007.

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1. The word and figures "under the Indian Income-tax Act, 1922, or" omitted by Act 67 of 1984, s. 42 (w.e.f. 1-10-1984).

2. Subs. by Act 11 of 1987, s. 62, for the proviso (w.e.f. 1-6-1987).

3. Ins. by Act 22 of 2007, s. 66 (w.e.f. 1-6-2007).