Case Law Details
Citibank N.A Vs S.K. Ojha (Bombay High Court)
Bombay High Court held that once tax arrears being determined, paid and certificated issued under Kar Vivad Samadhan Scheme (KVSS), there is no jurisdiction for the Assessing Officer to reopen the assessment by a notice under section 143 of the Income Tax Act.
Facts- Petitioner is a body corporate incorporated in the United States of America and has been carrying on business in India through its branches. Petitioner has been an assessee under the Income Tax Act, 1961.
By this petition, petitioner is challenging the action of respondent no.1 seeking to reopen the completed assessment of petitioner for the Assessment Year 1992-1993. According to petitioner, despite repeated request to provide the reasons to believe, petitioner was not provided the same.
It is petitioner’s case that by virtue of Section 90(3) of the Finance Act, the certificate, viz., Form 3 under Kar Vivad Samadhan Scheme, 1998, was conclusive as to the matters stated therein and no matter covered thereby could be reopened in any other proceeding under any direct or indirect tax enactment or under any other law for the time being in force.
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