Section 245C of the Income Tax Act

The decision most relied on for Section 245C is 456 (SC) 2. CIT v. Neha Builders (P) LTD. (4 Taxmann 183), cited in 21 of the 132 judgments on BharatTax that turn on this section.

Leading authorities on Section 245C

456 (SC) 2. CIT v. Neha Builders (P) LTD.
4 Taxmann 183 · 1980 · High Court
21
citing judgments
CIT v. Maruti Fabrics
47 Taxmann.com 298 · 2014 · High Court
18
citing judgments

The Settlement Commission can use material produced by the assessee or evidence recorded during its proceedings against the assessee, provided there is incriminating material. If no such evidence is found for a disclosed amount, an addition cannot be made based on that disclosure.

Anantnadh Constructions and Farms (P.) Ltd. v. DCIT
166 ITD 83 · ITAT
16
citing judgments

An addition to income cannot be made solely on the basis of income offered by an assessee before the Settlement Commission if there is no incriminating material. Information provided to the Settlement Commission, even if admitted under section 245D, can only be used for settlement purposes and not for other proceedings.

Dolat Investments Ltd. v. DCIT
38 SOT 123 · 2010 · ITAT
13
citing judgments

Confidential information disclosed to the Settlement Commission cannot be used by the Assessing Officer to make additions if the settlement application is not admitted under section 245D(1).

CIT v. Apar Industries Ltd.
323 ITR 411 · 2010 · High Court
11
citing judgments

Forms provided by a rule-making authority, being delegates of the legislature, cannot override a statutory provision and are subservient to legislation. Forms facilitate implementation and cannot supplant the law. Also, interest under section 234B, being compensatory, cannot be charged if taxes have already been paid.

PCIT v. Jignesh P. Shah
99 Taxmann.com 111 · 2018 · High Court
11
citing judgments

Additions made under section 153A of the Income Tax Act, 1961, are invalid if assessments for the relevant years had already attained finality and no incriminating material was found during the search.

Commissioner v. Maruti Fabrics
47 Taxmann.com 297 · Reported
9
citing judgments
LaxmanBalwantBhopatkar by Dr. DhananjayaRamchandraGadgil v. Charity Commissioner, Bombay
2 SCR 625 · 1963 · Reported
7
citing judgments
Dimple Enterprises v. DCIT
154 Taxmann.com 653 · 2023 · Reported
6
citing judgments

Judgments on Section 245C