Filing of a return of income is not a condition precedent for making an application for settlement before Settlement Commission — as held by KolHC in DIT (International Taxation) v Income Tax Settlement Commissioner and Anr — In favour of: Others.
A case would be deemed to be pending only for 21 months from the end of the assessing year in question for the purpose of making an application before the Settlement Commission.
The time period, within which a notice might be issued under s 148 in case of the failure to make a return of income, is not relevant to making an application under s 245C.
Decided on: 1 August 2011.
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