India - Income Tax Act 2010 - Saarc

1.841 CH. XIX-A - SETTLEMENT OF CASES S. 245HA(2) An immunity granted to a person under sub-section (1) may, at any time, bewithdrawn by the Settlement Commission, if it is satisfied that such person11[* * *] had, in the course of the settlement proceedings, concealed any particularsmaterial to the settlement or had given false evidence, and thereupon suchperson may be tried for the offence with respect to which the immunity wasgranted or for any other offence of which he appears to have been guilty inconnection with the settlement and shall also become liable to the imposition ofany penalty under this Act to which such person would have been liable, had notsuch immunity been granted.12[Abatement of proceeding before Settlement Commission.245HA. (1) Where—(i) an application made under section 245C on or after the 1st day ofJune, 2007 has been rejected under sub-section (1) of section 245D; or(ii) an application made under section 245C has not been allowed to beproceeded with under sub-section (2A) or further proceeded withunder sub-section (2D) of section 245D; or(iii) an application made under section 245C has been declared as invalidunder sub-section (2C) of section 245D; or(iv) in respect of any other application made under section 245C, an orderunder sub-section (4) of section 245D has not been passed within thetime or period specified under sub-section (4A) of section 245D,the proceedings before the Settlement Commission shall abate on the specifieddate.Explanation.—For the purposes of this sub-section, “specified date” means—(a) in respect of an application referred to in clause (i), the day on whichthe application was rejected;(b) in respect of an application referred to in clause (ii), the 31st day ofJuly, 2007;(c) in respect of an application referred to in clause (iii), the last day of themonth in which the application was declared invalid;(d) in respect of an application referred to in clause (iv), on the date onwhich the time or period specified in sub-section (4A) of section 245Dexpires.(2) Where a proceeding before the Settlement Commission abates, the AssessingOfficer, or, as the case may be, any other income-tax authority before whom theproceeding at the time of making the application was pending, shall dispose ofthe case in accordance with the provisions of this Act as if no application undersection 245C had been made.11. “has not complied with the conditions subject to which the immunity was granted or thatsuch person” omitted by the Finance Act, 1987, w.e.f. 1-6-1987.12. Inserted by the Finance Act, 2007, w.e.f. 1-6-2007. Earlier section 245HA was inserted bythe Finance Act, 1987, w.e.f. 1-6-1987 and amended by the Direct Tax Laws (Amendment)Act, 1987, w.e.f. 1-4-1988 and later on omitted by the Finance Act, 2002, w.e.f. 1-6-2002.