Section 245A - Definitions - Income-tax Act, 1961

1 [Chapter XIX-A Settlement of cases 2 [Definitions. 245A. In 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: 9 [***] Explanation .-For the purposes of this clause- 13 [(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;] (ii) 6 [***] 11 [(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;] 7 [(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 153A or section 153C, shall be deemed to have commenced on the date of issue of notice initiating such proceedings 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 12 [clause (i) or clause (iii) or clause (iiia)] shall be deemed to have commenced 14 [from 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 15 [ the time specified for making assessment under sub-section (1) of section 153 ] in case where no assessment is made]; ] ( c ) Chairman means the Chairman of the Settlement Commis sion; ( d ) income-tax authority means an income-tax authority specified in section 116; 16 [ (da) Interim Board means the Interim Board for Settlement constituted under section 245AA; ] ( e ) Member means a Member of the Settlement Commission, and includes the Chairman and a Vice-Chairman; 17 [ (ea) Member of the Interim Board means a Member of the Interim Board; (eb) pending application means an application which was filed under section 245C and which fulfils the following conditions, namely:- (i) it was not declared invalid under sub-section (2C) of section 245D; and (ii) no order under sub-section (4) of section 245D was issued on or before the 31st day of January, 2021 with respect to such application; ] ( f ) Settlement Commission means the Income-tax Settlement Commission constituted under section 245B; ( g ) Vice-Chairman means a Vice-Chairman of the Settlement Commission 4 [ and includes a Member who is senior amongst the Members of a Bench ] .] ------------------ Notes :- 1. Chapter XIX-A, consisting of sections 245A to 245M, inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976. 2. Substituted by the Finance Act, 1987, w.e.f. 1-6-1987. Prior to its substitution, section 245A was amended by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978 and Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984. 3. Substituted by the Finance Act, 2007, w.e.f. 1-6-2007. Prior to its substitution, clause (b) read as under : '(b) case means any proceeding under this Act for the assessment or reassessment of any person in respect of any year or years, or by way of appeal or revision in connection with such assessment or reassessment, which may be pending before an income-tax authority on the date on which an application under sub-section (1) of section 245C is made : Provided that where any appeal or application for revision has been preferred after the expiry of the period specified for the filing of such appeal or application for revision under this Act and which has not been admitted, such appeal or revision shall not be deemed to be a proceeding pending within the meaning of this clause;' 4. Inserted by the Finance Act, 2007, w.e.f. 1-6-2007. 5. In clause (b), in the proviso, clauses (ii) and (iii) has been omitted vide Finance Act, 2010, with effect from the 1st day of June, 2010, before it was read as, (ii) a proceeding for assessment or reassessment for any of the assessment years referred to in clause (b) of section 153A in case of a person referred to in section 153A or section 153C; (iii) a proceeding for assessment or reassessment for the assessment year referred to in clause (b) of sub-section (1) of section 153B in case of a person referred to in section 153A or section 153C; 6. In the Explanation, clause (ii) has been omitted vide Finance Act, 2010, with effect from the 1st day of June, 2010, before it was read as, (ii) a proceeding for assessment or reassessment referred to in clause (ii) or clause (iii) of the proviso shall be deemed to have commenced on the date of initiation of the search under section 132 or requisition under section 132A; 7. After clause (iii), the clause (iiia) has been inserted, vide Finance Act, 2010, with effect from the 1st day of June 2010. 8. In clause (iv), for the words, brackets and figures clause (ii) or clause (iii) or clause (iv) of the proviso , the words, brackets, figures and letter clause (iv) of the proviso or clause (iiia) of the Explanation has been substituted vide Finance Act, 2010, with effect from the 1st day of June 2010. 9. Omitted vide THE FINANCE (No. 2) ACT, 2014 w.e.f. 1st day of October, 2014 , before it was read as, Provided that - (i) a proceeding for assessment or reassessment or recomputation under section 147; (ii) 5 [***] (iii) 5 [***] (iv) 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 not be a proceeding for assessment for the purposes of this clause. 10. Substituted vide THE FINANCE (No. 2) ACT, 2014 w.e.f. 1st day of October, 2014 , before it was read as, referred to in clause (i) of the proviso 11. Substituted vide THE FINANCE (No. 2) ACT, 2014 w.e.f. 1st day of October, 2014 , before it was read as, (iii) a proceeding for making fresh assessment referred to in clause (iv) of the proviso shall be deemed to have commenced from the date on which the order under section 254 or section 263 or section 264, setting aside or cancelling an assessment was passed; 12. Substituted vide THE FINANCE (No. 2) ACT, 2014 w.e.f. 1st day of October, 2014 , before it was read as, clause (i) or 8 [clause (iv) of the proviso or clause (iiia) of the Explanation] 13. Substituted vide THE FINANCE ACT, 2015 w.e.f. 1st day of June, 2015, before it was read as, (i) a proceeding for assessment or reassessment or recomputation 10 [under section 147] shall be deemed to have commenced from the date on which a notice under section 148 is issued; 14. Substituted vide THE FINANCE ACT, 2015 w.e.f. 1st day of June, 2015, before it was read as, from the 1st day of the assessment year and concluded on the date on which the assessment is made 15. Substituted vide THE FINANCE ACT, 2017 w.e.f. 1st day of April, 2017, before it was read as, two years from the end of the relevant assessment year 16. Inserted vide THE FINANCE ACT, 2021 dated 28-03-2021 w.e.f. 01-02-2021 17. Inserted vide THE FINANCE ACT, 2021 dated 28-03-2021 w.e.f. 01-02-2021