challenge the
constitutional validity and legality of the provisions of Section 245HA(1)(iv) and
Section 245HA(3) of the Income Tax Act as inserted ... penalty in the manner and circumstances set out
therein.
6. Section 245HA of which some provisions are challenged to the extent
necessary is reproduced
India for the prayers, inter alia, declaring the provisions of
Sec. 245HA of the Income-tax Act, 1961 ('the Act' for short) ultra ... alternative, it is also prayed
that the provisions of Sec. 245HA may be read down or watered down
so that the settlement application
challenged the provisions of Sections 245D(2A) , 245D(2D) , 245D(4A) and 245HA(1) of the Income Tax Act, 1961 (the Act) as being arbitrary ... could be used by him against the Petitioners [ Section 245HA(3) ]. The procedure now laid down by the Finance Act, 2007 is neither just
India for the prayers, inter alia, declaring the provisions of Sec.
245HA of the Income-tax Act, 1961 ('the Act' for short) ultra ... proceedings before the
Settlement Commission and also stay the operation of Sec. 245HA of
the Act.
2. The
case of the petitioner, briefly summarized
Constitution of India praying for declaration that Section 245D(FA)
and Section 245HA of the Act as amended/inserted by the Finance ... treat the settlement
application as having abated under Section 245HA of the Act for want
of passing an order under Section 245D
directions declaring that the provisions of Section 245D(FA) and
Section 245HA of the Act are ultra vires to Constitution of India
and are null ... suspension
of abatement of settlement application filed by the petitioner
under Section 245HA of the Income-Tax Act for want of compliance
with section 245D
31st March, 2008 as per Section 245D(4A)(i) r/w Section 245HA(iv) of the IT Act, 1961 but the same have not been ... 31st March, 2008, then same shall be abated as per Section 245HA(1)(iv) of the Act. The counsel for the petitioners have placed reliance
Settlement Applications
filed by the petitioners as having abated u/S.245HA of the Act.
He
further submits that similar issue has arisen before ... consider the Settlement
Application pending before it as having abated u/S.245HA of the Act.
Following the Bombay High Court's order, similar
declaration sought as to the Constitutional validity of Sections 245D(2D) and 245HA of IT Act, 1961 and considering the similar orders passed in earlier ... Settlement Application filed by the petitioner No. 1 having abated under Section 245HA of the Act for want of compliance with Section 245D
have been filed challenging the constitutional validity of the
provisions of Section 245HA of the Income Tax Act, 1961 ( the Act
for short), as amended
