Section 245E of Income Tax Act "Power of Settlement Commission to reopen completed proceedings"
245E. If the Settlement Commission is of the opinion (the
reasons for such opinion to be recorded by it in writing)
that, for the proper disposal of the case pending before it,
it is necessary or expedient to reopen any proceeding
connected with the case but which has been completed under
this Act by any income-tax authority before the application
under section 245C was made, it may, with the concurrence of
the applicant, reopen such proceeding and pass such order
thereon as it thinks fit, as if the case in relation to
which the application for settlement had been made by the
applicant under that section covered such proceeding also :
Provided that no proceeding shall be reopened by the
Settlement Commission under this section if the period
between the end of the assessment year to which such a
proceeding relates and the date of application for
settlement under section 245C exceeds nine years :
Provided further that no proceeding shall be reopened by the
Settlement Commission under this section in a case where an
application under section 245C is made on or after the 1st
day of June, 2007.
245F. (1) In addition to the powers conferred on the
Settlement Commission under this Chapter, it shall have all
the powers which are vested in an income-tax authority under
this Act.
(2) Where an application made under section 245C has been
allowed to be proceeded with under section 245D, the
Settlement Commission shall, until an order is passed under
sub-section (4) of section 245D, have, subject to the
provisions of sub-section (3) of that section, exclusive
jurisdiction to exercise the powers and perform the
functions of an income-tax authority under this Act in
relation to the case :
Provided that where an application has been made under
section 245C on or after the 1st day of June, 2007, the
Settlement Commission shall have such exclusive jurisdiction
from the date on which the application was made:
Provided further that where-
(i) an application made on or after the 1st day of June,
2007, is rejected under sub-section (1) of section 245D; or
(ii) an application is not allowed to be proceeded with
under sub-section (2A) of section 245D, or, as the case may
be, is declared invalid under sub-section (2C) of that
section; or
(iii) an application is not allowed to be further proceeded
with under sub-section (2D) of section 245D,
the Settlement Commission, in respect of such application
shall have such exclusive jurisdiction upto the date on
which the application is rejected, or, not allowed to be
proceeded with, or, declared invalid, or, not allowed to be
further proceeded with, as the case may be.
(3) Notwithstanding anything contained in sub-section (2)
and in the absence of any express direction to the contrary
by the Settlement Commission, nothing contained in this
section shall affect the operation of any other provision of
this Act requiring the applicant to pay tax on the basis of
self-assessment in relation to the matters before the
Settlement Commission.
(4) For the removal of doubt, it is hereby declared that, in
the absence of any express direction by the Settlement
Commission to the contrary, nothing in this Chapter shall
affect the operation of the provisions of this Act in so far
as they relate to any matters other than those before the
Settlement Commission.
(5) [***]
(6) [***]
(7) The Settlement Commission shall, subject to the
provisions of this Chapter, have power to regulate its own
procedure and the procedure of Benches thereof in all
matters arising out of the exercise of its powers or of the
discharge of its functions, including the places at which
the Benches shall hold their sittings.