Satish Kumar Dhingra Vs Assistant/Deputy Commissioner of Income Tax (Delhi High Court)
Delhi High Court held that determination as carried out by the Designated Authority under Direct Tax Vivad Se Vishwas Act, 2020 [DTVSV Act] is clearly rendered finality and cannot possibly be reopened or revised by any authority under the Income Tax Act. Accordingly, rectification notice issued u/s. 154 quashed.
Facts- The writ petitioner impugns the rectification notice dated 08 March 2022 as well as the order passed thereon dated 30 March 2022 and additionally seeks a writ of prohibition restraining the respondents from taking any further steps pursuant to the impugned orders and the notices of demand.
The petitioner undoubtedly came to obtain a settlement of all disputes pertaining to demands emanating from the Income Tax Act, 1961 by virtue of an application which was made under the Direct Tax Vivad Se Vishwas Act, 2020. Before us, it is not disputed that pursuant to the declarations which were made, Form 5 came to be issued and the total liability determined and conferred finality in terms as contemplated under the provisions of the DTVSV Act.
It is thereafter that the respondents sought to invoke the power conferred by Section 154 of the Act to revisit a computation of liability which stood settled, at least upto the stage of the Commissioner of Income Tax (Appeals). That action undisputedly was commenced after the issuance of Form 5 under the DTVSV Act. It is in the aforesaid backdrop that the writ petitioner impugns the action for rectification.
