Section 22HA:
Abatement of proceedings before Settlement Commission.
1[ 2[22HA. Abatement of proceedings before Settlement Commission.--(1) Where,--
(i) an application made under section 22C on or after the 1st day of June, 2007 has been rejected
under sub-section (1) of section 22D; or
(ii) an application made under section 22C has not been allowed to be proceeded with under subsection (2A) or further proceeded with under sub-section (2D) of section 22D; or
(iii) an application made under section 22C has been declared as invalid under sub-section (2C)
of section 22D; or
(iv) in respect of any other application made under section 22C, an order under sub-section (4) of
section 22D has not been passed within the time or period specified under sub-section (4A) of section
22D,the proceedings before the Settlement Commission shall abate on the specified date.
Explanation.--For the purposes of this sub-section, "specified date" means--
(a) in respect of an application referred to in clause (i), the date on which the application was
rejected;
(b) in respect of an application referred to in clause (ii), the 31st day of July, 2007;
(c) in respect of an application referred to in clause (iii), the last day of the month in which the
application was declared invalid;
(d) in respect of an application referred to in clause (iv), the date on which the time or period
specified in sub-section (4A) of section 22D expires.
(2) Where a proceeding before the Settlement Commission abates, the Assessing Officer, or, as the
case may be, any other wealth-tax authority before whom the proceeding at the time of making the
application was pending, shall dispose of the case in accordance with the provisions of this Act as if no
application under section 22C had been made.
(3) For the purposes of sub-section (2), the Assessing Officer, or, as the case may be, other wealth-tax
authority, shall be entitled to use all the material and other information produced by the assessee before
the Settlement Commission or the results of the inquiry held or evidence recorded by the Settlement
Commission in the course of the proceedings before it, as if such material, information, inquiry and
evidence had been produced before the Assessing Officer or other wealth-tax authority or held or
recorded by him in the course of the proceedings before him.
(4) For the purposes of the time-limit under sections 17A, 32 and 35 and for the purposes of payment
of interest under section 34A, in case referred to in sub-section (2), the period commencing on and from
the date of an application to the Settlement Commission under section 22C and ending with "specified
date" referred to in sub-section (1) shall be excluded.]
Notes:
1. Ins. by Act 41 of 1975, s. 93 (w.e.f. 1-4-1976).
2. Ins. by Act 22 of 2007, s. 91 (w.e.f. 1-6-2007). Earlier section 22HA was inserted by Act 11 of 1987, s. 85 (w.e.f. 1-6-1987)
and amended by Act 4 of 1988, s. 127 (w.e.f. 1-4-1988) which was later omitted by Act 20 of 2002, s. 113 (w.e.f. 1-6-2002).