Facts of the
Case
The Petitioner, AmbarNuj Finance and Investment
Pvt. Ltd., filed its return for AY 2017–18 declaring NIL income due to
business losses. During scrutiny assessment under Section 143(3) of the Income
Tax Act, 1961, the Assessing Officer (AO) disallowed bad debts amounting to
₹30,00,152 and raised a tax demand.
The Petitioner filed an appeal, which was pending.
Meanwhile, the Petitioner opted for settlement under the Direct Tax Vivad Se
Vishwas Act, 2020 (DTVSV Scheme).
During processing of the application, the AO, based
on an audit objection, passed a rectification order under Section 154,
modifying the computation method and increasing tax liability significantly.
The Petitioner challenged the rectification order before the Delhi High Court.
Issues
Involved
- Whether rectification under Section 154 can be made on a debatable
issue involving interpretation of law.
- Whether an audit objection can justify rectification or
reassessment.
- Whether modification of computation method (set-off of losses)
amounts to change of opinion.
- Validity of rejection of application under the DTVSV Scheme based on such rectification.
Petitioner’s
Arguments
- The rectification order was beyond jurisdiction under Section
154, as the issue was debatable.
- The AO’s action amounted to change of opinion, which is
impermissible.
- The method of set-off of losses adopted originally was legally
permissible and beneficial to the assessee.
- Audit objection cannot override statutory interpretation or
judicial principles.
- The rejection of the DTVSV application was arbitrary and without formal communication.
Respondent’s
Arguments
- The rectification was made pursuant to an audit objection
highlighting incorrect tax computation.
- The AO merely corrected the computation to reflect correct tax
liability.
- Rejection of the DTVSV application was consequential to corrected tax demand.
Court’s
Findings / Order
- Rectification under Section 154 is limited to mistakes apparent on record and cannot cover debatable
issues.
- The issue of set-off of losses involved two possible legal views,
hence not rectifiable.
- The AO acted solely on audit objection without independent
application of mind.
- Audit opinion on law cannot be treated as binding or
“information” for rectification or reassessment.
- The rectification order effectively amounted to reassessment,
which is impermissible without statutory conditions.
- The rectification order dated 15.02.2021 was set aside.
- The rejection of the DTVSV application was also quashed, and the matter was restored for fresh consideration.
Important
Clarifications
- A “mistake apparent on record” must be obvious, not
something requiring detailed reasoning.
- Debatable legal issues cannot be rectified under Section 154.
- Audit objections on legal interpretation are not binding on the Assessing Officer.
- Assessee has the right to adopt a beneficial method of set-off
of losses where law is silent.
- Rectification cannot be used as a tool for review or reassessment.
Sections
Involved
- Section 143(3), Income Tax Act, 1961
- Section 154, Income Tax Act, 1961 (Rectification of Mistakes)
- Section 71(2), Income Tax Act, 1961 (Set-off of Losses)
- Section 147, Income Tax Act, 1961 (Reassessment)
- Direct Tax Vivad Se Vishwas Act, 2020 (Sections 4 & 5)
Link to download the
order -https://delhihighcourt.nic.in/app/showFileJudgment/58902112022CW40932021_152352.pdf
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