nature of incriminating material.
12.6 Under sub-section (3) of section 245HA of the Act, upon
abatement of the proceedings before the Settlement Commission
when ... relevant provision of the section is as under:
"245HA. Abatement of proceeding before Settlement
Commission
(3) For the purposes of sub-section
Assessing Officer observed in his order that as per section
245HA(3) of the Act, whenever an abated proceeding gets restored back,
the Assessing Officer ... additions made by the Assessing Officer by
applying the provisions of section 245HA of the Act and observing as
under: -
"9.5 In view
unjust, inequitable, harsh
and absurd result must be rejected. Consequently, section
245HA(1)(iv)must be read in the manner set out above
only ... date as 31 st March, 2008
was arbitrary the provisions of Section 245HA(1)(iv) to
that extent will be also arbitrary. We have also
DCIT (supra)
held as under:
"15. We find that section 245HA(1) of the income Tax Act lists several
circumstances in which the case ... This is identical to powers vested with an AO under section 245HA(2)
and 245HA(3) under the Income Tax Act . It is therefore very
DCIT (supra)
held as under:
"15. We find that section 245HA(1) of the income Tax Act lists several
circumstances in which the case ... This is identical to powers vested with an AO under section 245HA(2)
and 245HA(3) under the Income Tax Act . It is therefore very
material brought before
the ITSC by the assessee under section 245HA(3) of the Act.
10. In the backdrop of the aforementioned facts and
circumstances ... settlement got
aborted for one reason or the other mentioned in section 245HA(1)
by returning following findings:
"13. We find that assessee
abated. Moreover it is to be noted that as per section 245HA of the Act there is
an abatement of proceedings in this case before ... doubt that this additional income is assessee's concealed income.
• Section 245HA(3) clearly mentions that AO is entitled to use all the
material
M/S. Lg Electronics India Pvt. Ltd vs The State Of Tamil Nadu on 31
respect of which the
proceeding before the Settlement Commission abates under section 245HA ,
he may, after taking into consideration all the material and other
information
2147/Del/2017
Corporate International Finance Service Ltd. vs. ITO
under section 245HA , he may, after taking into consideration all
the material and other information
