The Income Tax Ordinance, 1979


138D. Application for settlement of cases:-

(1)   An assessee whose case falls under clause (a) of sub-section (2A) of section 138C may, at any stage of his case, make an application in such form and in such manner as may be prescribed, containing full and true disclosure of his income which he may not have disclosed before the assessing officer, the manner in which such income has been derived, the additional amount of income tax payable on such income and such other particulars as may be prescribed, to the Commission to have the case settled and any such application shall be disposed of in the manner provided hereinafter:

Provided that no such application shall be made unless the assessee has filed the return of income which he was or is required to furnish under the Ordinance and the income tax payable on the basis of such application exceeds twenty-five thousand rupees:

(1A) An assessee whose case falls under clause (b) of sub-section (2A) of section 138C may make an application in such form and in such manner as may be prescribed against an assessment order or an order passed by an appellate authority, not being the Income Tax Appellate Tribunal or any court of law, to the Commission, to have the case settled and any such application shall be disposed of in the manner provided hereinafter:

Provided that the tax payable under such order exceeds twenty-five thousand rupees.

(2)   Every application made under sub-section (1) shall be accompanied by such fees as may be prescribed by the Commission.

(3)   An assessee once having made an application under sub-section (1) shall not be entitled to withdraw it.


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