2003 (6) TMI 19

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....ged an order dated October 31, 2002 (annexure P-7 to the petition), passed by the Settlement Commission refusing to entertain the case on the ground that the failure on the part of the petitioner in deducting tax at source does not come within the purview of section 245C(1) of the Income-tax Act, 1961. Being dissatisfied the petitioner has come up with the instant application. Therefore, the....

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....and any such application shall be disposed of in the manner hereinafter provided: Provided that no such application shall be made unless, (a) the assessee has furnished the return of income which he is or was required to furnish under any of the provisions of this Act; and (b) the additional amount of income-tax payable on the income disclosed in the application exceeds one hundred thousa....

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....5C(1) of the Act in the present case where the income-tax authority has alleged that he failed to deposit the appropriate amount of the tax deducted at source. Learned counsel appearing on behalf of the petitioner, however, by placing strong reliance upon the definition of "case" in section 245A(b) of the Act and of the provision of section 245B of the Act tried to convince this court that sect....