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In Re; Damani Brothers vs Unknown on 15 April, 1999
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Central Government Act
Section 245C in The Income- Tax Act, 1995
245C. Application for settlement of cases 4
(1) 5 An assessee may, at any stage of a case relating to him, make an application in such form and in such manner as may be prescribed, and containing a full and true disclosure of his income which has not been disclosed before the 6 Assessing] Officer, the manner in which such income has been derived, the additional amount of income- tax payable on such income and such other particulars as may be prescribed, to the Settlement Commission to have the case settled and any such application shall be disposed of in the manner hereinafter provided: 7 Provided that no such application shall be made unless,-
(a) the assessee has furnished the return of income which he is or was required to furnish under any of the provisions of this Act; and
(b) the additional amount of income- tax payable on the income disclosed in the application exceeds 8 one hundred thousand] rupees.]
1. Inserted by the Finance Act, 1987, w. e. f. 1- 6- 1987.
2. Substituted for" Commissioner" by the Direct Tax Laws (Amendment) Act, 1987, w. e. f. 1- 4- 1988.
3. Inserted by the Finance Act, 1987, w. e. f. 1- 6- 1987.
5. Sub- sections (1) to (1E) substituted by the Taxation Laws (Amendment) Act, 1984, w. e. f. 1- 10- 1984. Prior to the substitution, sub- section (1) read as under:" (1) An assessee may, at any stage of a case relating to him, make an application in such form and in such manner and containing such particulars as may be prescribed to the Settlement Commission to have the case settled and any such application shall be disposed of in the manner hereinafter provided:"
6. Substituted for" Income- tax" by the Direct Tax Laws (Amendment) Act, 1987, w. e. f. 1- 4- 1988.
7. Substituted by the Finance Act, 1987, w. e. f. 1- 6- 1987. Prior to the substitution, the proviso read as under:" Provided that no such application shall be made unless the additional amount of income- tax payable on the income disclosed in the application exceeds fifty thousand rupees."
8. Substituted for" fifty thousand" by the Finance Act, 1995, w. e. f. 1- 7- 1995.
(1A) For the purposes of sub- section (1) of this section and sub- sections (2A) to (2D) of section 245D, the additional amount of income- tax payable in respect of the income disclosed in an application made under sub- section (1) of this section shall be the amount calculated in accordance with the provisions of sub- sections (1B) to (1D).
(1B) 1 Where the income disclosed in the application relates to only one previous year,-
(i) if the applicant has not furnished a return in respect of the total income of that year (whether or not an assessment has been made in respect of the total income of that year), then, except in a case covered by clause (iii), tax shall be calculated on the income disclosed in the application as if such income were the total income;
(ii) if the applicant has furnished a return in respect of the total income of that year (whether or not an assessment has been made in pursuance of such return), tax shall be calculated on the aggregate of the total income returned and the income disclosed in the application as if such aggregate were the total income;
(iii) if the proceeding pending before the income- tax authority is in the nature of a proceeding for reassessment of the applicant under section 147 or by way of appeal or revision in connection with such reassessment, and the applicant has not furnished a return in respect of the total income of that year in the course of such proceeding for reassessment, tax shall be calculated on the aggregate of the total income as assessed in the earlier proceeding for assessment under section 143 or section 144 or section 147 and the income disclosed in the application as if such aggregate were the total income.]
(1C) 2 The additional amount of income- tax payable in respect of the
1. Substituted by the Finance Act, 1987, w. e. f. 1- 6- 1987. Prior to the substitution, subsection (1B) read as under:" (1B) Where the income disclosed in the application relates to only one previous year,- (i) if the applicant has not furnished a return in respect of the total income of that year and no assessment has been made in respect of the total income of that year, tax shall be calculated on the income disclosed in the application as if such income were the total income; (ii) if the applicant has furnished a return in respect of the total income of that year and no assessment has been made in pursuance of such return tax shall be calculated on the aggregate of the total income returned and the income disclosed in the application as if such aggregate were the total income; and (iii) if an assessment in respect of the total income of that year has been made, tax shall be calculated on the aggregate of the total income as assessed and the income disclosed in the application as if such aggregate were the total income."
2. Substituted by the Finance Act, 1987, w. e. f. 1- 6- 1987. Prior to the substitution, subsection (IC) read as under:" (IC) The tax as calculated under sub- section (1B) shall be reduced,- (a) in a case referred to in clause (i) of sub- section (1B), by the sum if any, deducted at source tinder Chapter XVIIB or paid in advance under Chapter
income disclosed in the application relating to the previous year referred to in sub- section (1B) shall be,-
(a) in a case referred to in clause (i) of that sub- section, the amount of tax calculated under that clause;
(b) in a case referred to in clause (ii) of that sub- section, the amount of tax calculated under that clause as reduced by the amount of tax calculated on the total income returned for that year;
(c) in a case referred to in clause (iii) of that sub- section, the amount of tax calculated under that clause as reduced by the amount of tax calculated on the total income assessed in the earlier proceeding for assessment under section 143 or section 144 or section 147.]
(1D) Where the income disclosed in the application relates to more than one previous year, the additional amount of income- tax payable in respect of the income disclosed for each of the years shall first be calculated in accordance with the provisions of sub- sections (1B) and (IC) and the aggregate of the amount so arrived at in respect of each of the years for which the application has been made under sub- section (1) shall be the additional amount of income- tax payable in respect of the income disclosed in the application.
(1E) Where any books of account, other documents, money, bullion, jewellery or other valuable article or thing belonging to an assessee are seized under section 132, the assessee shall not be entitled to make an application under sub- section (1) before the expiry of one hundred and twenty days from the date of the seizure.]
(2) Every application made under sub- section (1) shall be accompanied by such fees as may be prescribed.
(3) An application made under sub- section (1) shall not be allowed to be withdrawn by the applicant.