Amended and updated notes on section 245A of Income Tax Act 1961 as amended by the Finance Act 2022 and Income-tax Rules, 1962. Detail discussion on provisions and rules related to Definitions.
Chapter XIXA (Sections 245A to 245L) of the Income Tax Act 1961 deals with the provisions related to settlement of cases. Section 245A of IT Act 1961 provides for Definitions.
Recently, we have discussed in detail section 245 (Set off of refunds against tax remaining payable) of IT Act 1961. Today, we learn the provisions of section 245A of Income-tax Act 1961. The amended provision of section 245A is effective for financial year 2022-23 relevant to the assessment year 2023-24.
In this article, you will learn detail of the provisions of section 245A of the Income Tax Act, 1961 Bare Act read with the Income-tax Rules, 1962 as provided by Ministry of Law and Justice, Government of India.
Section-245A: Definitions
In this Chapter, unless the context otherwise requires,—
(a) “Bench” means a Bench of the Settlement Commission;
(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.
Explanation: For the purposes of this clause—
- (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) [Omitted]
- (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;
- (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 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 clause (i) or clause (iii) or clause (iiia), shall be deemed to have commenced 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 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 Commission;
(d) “income-tax authority” means an income-tax authority specified in section 116;
(da) “Interim Board” means the Interim Board for Settlement constituted under section 245AA;
[Clause(da) in section 245A inserted w.e.f. 1-February, 2021 by the Finance Act 2021]
(e) “Member” means a Member of the Settlement Commission, and includes the Chairman and a Vice-Chairman;
(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;
[Clause(ea) and clause(eb) in section 245A inserted w.e.f. 1-February, 2021 by the Finance Act 2021]
(f) “Settlement Commission” means the Income-tax Settlement Commission constituted under section 245B;
(g) “Vice-Chairman” means a Vice-Chairman of the Settlement Commission and includes a Member who is senior amongst the Members of a Bench.