Abatement of settlement proceedings returns the case to the Assessing Officer, permitting use of settlement materials and tax credit. Where settlement applications are rejected, not proceeded with, declared invalid, or lapse for failure to obtain required orders, proceedings before the Settlement Commission abate on a specified date. The case then returns to the Assessing Officer or relevant wealth-tax authority to be disposed of as if no application had been made, and that authority may use material and evidence produced before the Settlement Commission. The period from the application to the specified date is excluded for statutory time-limits and interest; the Assessing Officer must allow credit for tax and interest paid on or before the application or during pendency.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Abatement of settlement proceedings returns the case to the Assessing Officer, permitting use of settlement materials and tax credit.
Where settlement applications are rejected, not proceeded with, declared invalid, or lapse for failure to obtain required orders, proceedings before the Settlement Commission abate on a specified date. The case then returns to the Assessing Officer or relevant wealth-tax authority to be disposed of as if no application had been made, and that authority may use material and evidence produced before the Settlement Commission. The period from the application to the specified date is excluded for statutory time-limits and interest; the Assessing Officer must allow credit for tax and interest paid on or before the application or during pendency.
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