(1)   The powers and functions of the Commission may be exercised and discharged by benches constituted from amongst members of the Commission by the Chairman.

(2)   A bench shall ordinarily consist of two members and shall be presided over by the Chairman:

Provided that, where the Chairman is not a member of the bench, the Chairman may authorise any member to discharge the functions of the Chairman :

Provided further that where the applicant makes an application U/s. 138D in writing for settlement of his case with the inclusion of associate member in the bench, the bench shall be so constituted.

(2A) The functions of the Commission shall be-

(a)    to process and decide applications filed by assessees declaring income not hitherto declared;

(b)    to process and decide applications filed by the assessees regarding tax disputes arising out of an assessment order or an order passed by an Appellate Additional Commissioner;

(c)    to process departmental appeals filed before the Income Tax Appellate Tribunal for settlement or withdrawal thereof; and

(d)    any other function specifically assigned by the Federal Government to the Commission.

(3)   Subject to the provisions of this Ordinance, the Commission shall have power to regulate its own procedure, and the procedure of benches in all matters arising out of the discharge of its functions, including the places at which the benches shall hold their sittings.

(4)   If the members of a bench differ in opinion as to the decision to be given on any point,-

(a)    the point shall be decided according to the opinion of the majority, if there is a majority;

(b)    if the members are equally divided and the Chairman of the Commission is not himself a member of the bench, the case shall be referred to the Chairman and the decision of the Commission shall be expressed in terms of the opinion of the Chairman; and

(c)    if the members are equally divided and the Chairman of the Commission is himself a member of the bench, the opinion of the Chairman shall prevail and the decision of the Commission shall be expressed in terms of opinion of the Chairman.

(5)   In addition to powers conferred on the Commission under this Chapter, it shall have all the powers which are vested in an income tax authority under this Ordinance.