also that where a proceeding before the Settlement Commission abates under section 245HA, the period of limitation available under this section to the Assessing Officer ... after the exclusion of the period under sub-section (4) of section 245HA, be not less than one year; and where such period of limitation
that application is
rejected under section 245D(I) of the Act. Section 245HA is the section which
relates to abatement of proceedings before Settlement Commission ... section 245HA(2) where a proceedings before Settlement Commission abates
the AO or as the case may be any other income tax authority before whom
also challenged the
constitutionality of sections 245D(2A) , 245D(2D) and
245HA of the Income Tax Act, 1961 ("the Act" for short)
inserted ... Settlement Commission has power to grant immunity
from prosecution and penalty. Section 245HA which was
introduced with effect from 1.6.2007, provides for
situations under which
beyond the time limit prescribed u/s. 153
r/w s. 245HA of the Act. The same were accordingly heard together.
2. The only issue ... ITSC abated the proceedings
before it vide its order u/s. 245HA(1) dated 31.01.2008. Sec. 245HA provides for
abatement of the proceedings before
paid within the prescribed time. As
per subsection(3) of section 245HA which was newly
inserted, the material produced by the assessee before ... with the provisions of sub sections 2 , 3
and 4 of section 245HA. It is in this background the
petitioner has challenged the said order
this Court challenging constitutional validity of
provisions of Section 245D(4A) and 245HA of the Income Tax Act,
1961(for short ... cutoff
date as 31.03.2008 was arbitrary and the provisions of Section
245HA(1)(iv) to that extent will be also arbitrary. Instead of
striking down
June, 2007 and those that had been filed
thereafter. Under Section 245HA(1)(iv) of the Act if a final order under
Section 245D ... filed prior to 1st June, 2007 was 31st March, 2008.
Section 245HA deals with abatement of proceedings before the ITSC.
7. Since in the present
this Court challenging constitutional validity of
provisions of Section 245D(4A) and 245HA of the Income Tax Act,
1961(for short ... cutoff
date as 31.03.2008 was arbitrary and the provisions of Section
245HA(1)(iv) to that extent will be also arbitrary. Instead of
striking down
further proceeded
with and thereupon, as per as per section 245HA (1) clause (ii), read with clause
(b) of Explanation thereto, it was to abate ... after excluding the period under sub-sec (4) of sec
245HA, within one year of the specified date, i.e, upto 31.03.2008. However, in
this
dated 31.01.2008, in proceedings
u/s.158BC / 245HA of the Income Tax Act, 1961; in short "the Act".
3. Second assessee Shri Arvindbhai ... DCIT/OSD/Cir.9/185/07-08, in proceedings u/s.158BC / 245HA of the
Act.
4. There are total four cases pertaining
