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Settlement Commission

3 min read

Quick Summary

Income Tax Settlement Commission allows taxpayers to settle disputes by paying disputed tax with interest and penalty, avoiding prolonged litigation.

Income Tax Settlement Commission is a quasi-judicial body that facilitates settlement of tax disputes between taxpayers and the Income Tax Department.

When Can One Approach

  • Cases pending before assessing officer
  • Cases pending appeal
  • Cases where search/survey conducted
  • Cases where assessment completed

Procedure

  • File application in prescribed form
  • Disclose additional income if any
  • Pay tax, interest, and penalty
  • Commission examines application
  • Opportunity of hearing
  • Settlement order passed

Benefits

  • Immunity from prosecution
  • Immunity from penalty (under certain sections)
  • Finality of settlement
  • Avoids prolonged litigation

Limitations

Cannot approach if: Prosecution initiated, cases involving serious fraud, cases already decided by ITAT/High Court/Supreme Court.

Key Points

  • Settles tax disputes amicably
  • Immunity from prosecution
  • Finality once settled
  • Payment of tax + interest + penalty required
  • Cannot approach if prosecution initiated
  • Quicker resolution than courts