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The precise contention of the counsel for the petitioner is that the assessment proceedings could not have been said to be concluded till such time as the assessment order was not served upon the Assessee. In this connection, he has relied upon CIT Vs. ITSC (2015)58 taxmann.com 264 followed by Yashovardhan Birla Vs. Deputy Commissioner of Income Tax, Central Circle (2016)73 taxmann.com 5. In both these cases, (where also the issue was similar as in the present case), the Bombay High Court had held that the proceedings could not be said to have been concluded merely because an order had been passed or even despatched, but could be said to be concluded only when the order was served.

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Section 245D (1) of the Income Tax Act, 1961 — Settlement of cases — Order of settlement commission rejecting the application filed by the assessee under section 245D(1) was to be set aside as assessee had communicated to the AO prior to the passing of assessment order that it was intending to move an application before the Settlement Commission and the assessee was entitled to proceed on the basis that till the service of the assessment order, the case continued to be pending with the AO till the date of assessment order was not served upon it — M3M India Holdings P. Ltd. vs. ITSC [2019] 419 ITR 1 (P&H).

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