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The conseuqnece of section 154 D of IT Act

Raj Kumar Makkad ,
  10 January 2011       Share Bookmark

Court :
Supreme Court of India
Brief :
Concluded Proceeding - Section 154 of Income Tax Act, 1961- Whether Settlement Commission could reopen its concluded proceedings by invoking Section 154 of Act so as to levy interest under Section 234B, though it was not so done in original proceedings
Citation :
Brij Lal and Ors. v. Commissioner of Income Tax, Jalandhar (Decided on 21.10.2010) MANU/SC/0878/2010

Like ITAT, the Settlement Commission is a quasi-judicial body. Under Section 254(2), the ITAT is given the power to rectify but no such power is given to the Settlement Commission. Thus, Settlement Commission cannot re-open its concluded proceedings by invoking Section 154 of Act so as to levy interest under Section 234B, particularly, in view of Section 245D . Appeal Disposed of

 
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Published in Taxation
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