Section - 245A (of Income Tax Act, 1961), Definitions

In this Chapter, unless the context otherwise requires,—

(a) "Bench" means a Bench of the Settlement Commission;

(b) "case" means any proceeding for assessment under this Act, of any person in respect of any assessment year or assessment years which may be pending before an Assessing Officer on the date on which an application under sub-section (1) of section 245C (of Income Tax Act, 1961) is made.

Explanation.— For the purposes of this clause—

(i) a proceeding for assessment or reassessment or recomputation under section 147 (of Income Tax Act, 1961) shall be deemed to have commenced—

(a) from the date on which a notice under section 148 (of Income Tax Act, 1961) is issued for any assessment year;

(b) from the date of issuance of the notice referred to in sub-clause (a), for any other assessment year or assessment years for which a notice under section 148 (of Income Tax Act, 1961) has not been issued, but such notice could have been issued on such date, if the return of income for the other assessment year or assessment years has been furnished under section 139 (of Income Tax Act, 1961) or in response to a notice under section 142 (of Income Tax Act, 1961);

(iii) a proceeding for making fresh assessment in pursuance of an order under section 254 (of Income Tax Act, 1961) or section 263 (of Income Tax Act, 1961) or section 264 (of Income Tax Act, 1961), setting aside or cancelling an assessment shall be deemed to have commenced from the date on which such order, setting aside or cancelling an assessment was passed;

(iiia) a proceeding for assessment or reassessment for any of the assessment years, referred to in clause (b) of sub-section (1) of section 153A (of Income Tax Act, 1961) in case of a person referred to in section 153A (of Income Tax Act, 1961) or section 153C (of Income Tax Act, 1961), shall be deemed to have commenced on the date of issue of notice initiating such proceeding and concluded on the date on which the assessment is made;

(iv) a proceeding for assessment for any assessment year, other than the proceedings of assessment or reassessment referred to in clause (i) or clause (iii) or clause (iiia), shall be deemed to have commenced from the date on which the return of income for that assessment year is furnished under section 139 (of Income Tax Act, 1961) or in response to a notice served under section 142 (of Income Tax Act, 1961) and concluded on the date on which the assessment is made; or on the expiry of the time specified for making assessment under sub-section (1) of section 153 (of Income Tax Act, 1961), in case where no assessment is made;

(c) "Chairman" means the Chairman of the Settlement Commission;

(d) "income-tax authority" means an income-tax authority specified in section 116 (of Income Tax Act, 1961);

(da) "Interim Board" means the Interim Board for Settlement constituted under section 245AA (of Income Tax Act, 1961);

(e) "Member" means a Member of the Settlement Commission, and includes the Chairman and a Vice-Chairman;

(ea) "Member of the Interim Board" means a Member of the Interim Board;

(eb) "pending application" means an application which was filed under section 245C (of Income Tax Act, 1961) and which fulfils the following conditions, namely: —

(i) it was not declared invalid under sub-section (2C) of section 245D (of Income Tax Act, 1961); and

(ii) no order under sub-section (4) of section 245D (of Income Tax Act, 1961) was issued on or before the 31st day of January, 2021 with respect to such application;

(f) "Settlement Commission" means the Income-tax Settlement Commission constituted under section 245B (of Income Tax Act, 1961);

(g) "Vice-Chairman" means a Vice-Chairman of the Settlement Commission and includes a Member who is senior amongst the Members of a Bench.