2026 (5) TMI 561

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Mr. Rohit Jain and Mr. Samarth Choudhary, Advocates. For the Respondents Through: Mr. Gaurav Gupta, SSC with Mr. Shivendra Singh & Mr. Yojit Pareek, JSCs. ORDER 1. By way of present writ petition, the petitioner has challenged the order dated 05.01.2026 passed by respondent no. 1 under Section 154 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act of 1961'). 2. Mr. Rohit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....5. He further submitted that the invocation of provision under Section 154 of the Act of 1961 is per se misconceived inasmuch as the order passed by the Principal Commissioner of Income Tax on 01.11.2021 was passed under the Act of 2020, which does not make Section 154 of the Act of 1961 applicable. 6. In support of the aforesaid, he relied upon a judgment of this Court rendered in the case of ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s passed by Principal Commissioner of Income Tax. 11. We further observe that the scheme of the Act of 2020 does not give any power of rectification even to the Principal Commissioner of Income Tax. The provision contained under Section 5(3) of the Act of 2020 clearly provides that the amount determined and order passed under the Scheme shall be final and conclusive. Provisions of the Act of 19....