Section 245E:
Power of Settlement Commission to reopen completed proceedings.
If the Settlement
Commission is of the opinion (the reasons for such opinion to be recorded by it in writing) that, for the
proper disposal of the case pending before it, it is necessary or expedient to reopen any proceeding
connected with the case but which has been completed 1
*** under this Act by any income-tax authority
before the application under section 245C was made, it may, with the concurrence of the applicant,
reopen such proceeding and pass such order thereon as it thinks fit, as if the case in relation to which the
application for settlement had been made by the applicant under that section covered such proceeding
also:
2
Provided that no proceeding shall be reopened by the Settlement Commission under this section if
the period between the end of the assessment year to which such a proceeding relates and the date of
application for settlement under section 245C exceeds nine years:
3
Provided further that no proceeding shall be reopened by the Settlement Commission under this
section in a case where an application under section 245C is made on or after the 1st day of June, 2007.
Notes:
1. The word and figures “under the Indian Income-tax Act, 1922, or” omitted by Act 67 of 1984, s. 42 (w.e.f. 1-10-1984).
2. Subs. by Act 11 of 1987, s. 62, for the proviso (w.e.f. 1-6-1987).
3. Ins. by Act 22 of 2007, s. 66 (w.e.f. 1-6-2007).