Section 245B of Income Tax Act "Income-tax Settlement Commission"
245B. (1) The Central Government shall constitute a
Commission to be called the Income-tax Settlement Commission
for the settlement of cases under this Chapter.
(2) The Settlement Commission shall consist of a Chairman
and as many Vice-Chairmen and other members as the Central
Government thinks fit and shall function within the
Department of the Central Government dealing with direct
taxes.
(2A) [***]
(3) The Chairman, Vice-Chairman and other members of the
Settlement Commission shall be appointed by the Central
Government from amongst persons of integrity and outstanding
ability, having special knowledge of, and, experience in,
problems relating to direct taxes and business accounts:
Provided that, where a member of the Board is appointed as
the Chairman , Vice-Chairman or as a member of the
Settlement Commission, he shall cease to be a member of the
Board.
245BA. (1) Subject to the other provisions of this
Chapter, the jurisdiction, powers and authority of the
Settlement Commission may be exercised by Benches thereof.
(2) Subject to the other provisions of this section, a Bench
shall be presided over by the Chairman or a Vice-Chairman
and shall consist of two other Members.
(3) The Bench for which the Chairman is the Presiding
Officer shall be the principal Bench and the other Benches
shall be known as additional Benches.
(4) Notwithstanding anything contained in sub-sections (1)
and (2), the Chairman may authorise the Vice-Chairman or
other Member appointed to one Bench to discharge also the
functions of the Vice-Chairman or, as the case may be, other
Member of another Bench.
(5) Notwithstanding anything contained in the foregoing
provisions of this section, and subject to any rules that
may be made in this behalf, when one of the persons
constituting a Bench (whether such person be the Presiding
Officer or other Member of the Bench) is unable to discharge
his functions owing to absence, illness or any other cause
or in the event of the occurrence of any vacancy either in
the office of the Presiding Officer or in the office of one
or the other Members of the Bench, the remaining two persons
may function as the Bench and if the Presiding Officer of
the Bench is not one of the remaining two persons, the
senior among the remaining persons shall act as the
Presiding Officer of the Bench :
Provided that if at any stage of the hearing of any such
case or matter, it appears to the Presiding Officer that the
case or matter is of such a nature that it ought to be heard
of by a Bench consisting of three Members, the case or
matter may be referred by the Presiding Officer of such
Bench to the Chairman for transfer to such Bench as the
Chairman may deem fit.
(5A) Notwithstanding anything contained in the foregoing
provisions of this section, the Chairman may, for the
disposal of any particular case, constitute a Special Bench
consisting of more than three Members.
(6) Subject to the other provisions of this Chapter, the
places at which the principal Bench and the additional
Benches shall ordinarily sit shall be such as the Central
Government may, by notification in the Official Gazette,
specify and the Special Bench shall sit at a place to be
fixed by the Chairman.