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Section 245C of the Income-tax Act, 1961 - Settlement Commission - Application for settlement of cases - Whether where assessee fails to deposit appropriate amount of tax deducted at source, application for settlement of case under section 245C cannot be entertained - Held, yes HELD A bare reading of section 245C makes no room for doubt that in order to apply the provisions of section 245C the following conditions must be fulfilled : (a)There must be a case relating to the assessee; (b)The assessee must make an application in such form and in such manner as may be prescribed (i) containing a full and true disclosure of his income which has not been disclosed before the Assessing Officer; (ii) the manner in which such income has been derived; (iii) the additional amount of income-tax payable on such income; and (iv ) such other particulars as may be prescribed. [Para 3] The assessee cannot invoke section 245C(1) where the income-tax authority has alleged that he failed to deposit the appropriate amount of the tax deducted at source. [Para 4] CASE REFERRED TO CIT v. Express Newspapers Ltd. [1994] 206 ITR 443/ 72 Taxman 438 (SC) [Para 6]. JUDGMENT 1. By this writ application the writ petitioner has challenged an order dated October 31, 2002 (annexure P-7 to the petition), passed by the Settlement Commission refusing to entertain the case on the ground that the failure on the part of the petitioner in deducting tax at source does not come within the purview of section 245C(1) of the Income-tax Act, 1961. 2. Being dissatisfied the petitioner has come up with the instant application. Therefore, the only question that falls for determination in this writ application is whether in the aforesaid circumstances, the Settlement Commission was justified in refusing to entertain the application filed by the petitioner. 3. To appreciate the aforesaid question, involved herein the provisions contained in section 245C(1) are set out below : "245C. Application for settlement of cases.-(1) An assessee may, at any stage of a case relating to him, make an application in such form and in such manner as may be prescribed, and containing a full and true disclosure of his income which…

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