2025 (2) TMI 836

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..... F(2) - assessee filed an appeal before the ITAT challenging the order passed by the CIT(Appeal) with an application to condone the delay in preferring the appeal - ITAT by order condoned the delay of 4379 days and remitted the matter back to the CIT(Appeal) for fresh consideration on merits. As decided by HC [2024 (4) TMI 1230 - GUJARAT HIGH COURT] No infirmity in the impugned order passed by the .....

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..... n 245HA of the 1961 Act will be applicable and the appellate proceedings will stand revived. The stand of the Revenue that the assessee must give up his right to contest the assessment order on merits, if the settlement application is rejected without providing for terms of settlement, is misconceived and must be rejected. In the peculiar facts of the case the Income Tax Appellate Tribunal was j .....

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..... and an order under Section 245D(4) of the Income Tax Act, 1961 1961 Act for short. , on the application is to be passed. It is only if the application for settlement is rejected without providing for terms of settlement that Section 245HA of the 1961 Act will be applicable and the appellate proceedings will stand revived. The stand of the Revenue that the assessee must give up his right to cont .....

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