GAIL (INDIA) LIMITED vs. ASSISTANT COMMISSIONER OF INCOME TAX & ANR.
What did the High Court hold?
The Delhi High Court allowed the writ petition and quashed the order dated 05.01.2026 passed by the ACIT. The Court observed that the ACIT had sought to rectify an order passed by the PCIT, which was beyond the ACIT's jurisdiction. More importantly, the Court noted that the scheme of the Vivad se Vishwas Act, 2020, does not grant any power of rectification, even to the PCIT. Section 5(3) of the Act of 2020 clearly states that the amount determined and order passed under the Scheme shall be final and conclusive. The Court held that the provisions of the Income Tax Act, 1961, were not made applicable by the Act of 2020, rendering the ACIT's order contrary to the provisions of the Act of 2020. The Court found its view consistent with the judgment in Satish Kumar Dhingra (supra). The operative direction was to quash and set aside the impugned order.
What were the facts?
The petitioner, GAIL (India) Limited, challenged an order dated 05.01.2026 passed by the Assistant Commissioner of Income Tax (ACIT) under Section 154 of the Income Tax Act, 1961. The ACIT had sought to rectify an order dated 01.11.2021 issued by the Principal Commissioner of Income Tax (PCIT) under Section 5(2) of the Direct Tax Vivad se Vishwas Act, 2020. The petitioner argued that the ACIT lacked jurisdiction to rectify an order passed by the PCIT and that Section 154 of the Income Tax Act, 1961, was not applicable to an order passed under the Vivad se Vishwas Act, 2020. The revenue contended that the rectification was necessitated by an audit objection regarding the incorrect calculation of the amount payable under the scheme.
What were the issues?
1. Whether the Assistant Commissioner of Income Tax had the jurisdiction to rectify an order passed by the Principal Commissioner of Income Tax under Section 154 of the Income Tax Act, 1961? (Question of law) 2. Whether Section 154 of the Income Tax Act, 1961, is applicable to an order passed under the Direct Tax Vivad se Vishwas Act, 2020? (Question of law) Assessee's contentions: The petitioner argued that the impugned order passed under Section 154 of the Act of 1961 was wholly without jurisdiction and illegal. They contended that if the PCIT's order could be rectified, it should have been done by the PCIT himself, not by the ACIT. Furthermore, the petitioner argued that the invocation of Section 154 of the Act of 1961 was misconceived as the PCIT's order was passed under the Act of 2020, which does not make Section 154 applicable. The petitioner relied on the judgment in Satish Kumar Dhingra v. Commissioner of Income Tax [2024] 467 ITR 574 (Del). Revenue's contentions: The revenue submitted that the rectification order was necessitated due to an audit objection indicating that the amount to be paid under the scheme was wrongly calculated. They also contended that the judgment in Satish Kumar Dhingra (supra) was distinguishable on facts.
Which sections of the Income-tax Act were involved?
Section 154,Section 5(2),Section 5(3)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
O R D E R %
2026
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’).
Mr. Rohit Jain, learned counsel for the petitioner at the outset submitted that the impugned order passed in exercise of the purported powers of rectification given under Section 154 of the Act of 1961 is wholly without jurisdiction and illegal on various counts.
He submitted that what has been rectified by the Assessing Officer vide impugned order dated 05.01.2026 is, the order dated 01.11.2021 issued by the Principal Commissioner of Income Tax as per Section 5(2) of the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2026 at 13:00:22
Direct Tax Vivad se Vishwas Act of 2020 (hereinafter referred to as ‘the Act of 2020’).
He submitted that the order which has been passed by the Principal Commissioner of Income Tax, if at all could be rectified, could be rectified by the Principal Commissioner of Income Tax himself and not by the respondent no.1. 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.
In support of the aforesaid, he relied upon a judgment of this Court rendered in the case of Satish Kumar Dhingra v. Commissioner of Income Tax reported in [2024] 467 ITR 574 (Del).
Mr. Gaurav Gupta, learned Senior Standing Counsel, on the other hand submitted that the impugned rectification order was necessitated, as the Assessing Officer came to receive an audit objection indicating therein that the amount to be paid under the scheme was wrongly calculated by the respondent at the time of issuance of certificate under the Act of 2020. 8. He further submitted that the judgment of this Court in the case of Satish Kumar Dhingra (supra) is distinguishable from the present case on facts.
Heard learned counsel for the parties and perused the record.
A simple look at the order dated 05.01.2026 shows that the respondent no.1 has sought to rectify an order which was passed by Principal Commissioner of Income Tax. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2026 at 13:00:22
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 1961 have not been made applicable by the Act of 2020. 12. The order impugned dated 05.01.2026 is clearly contrary to the provisions of the Act of 2020 and is, therefore, liable to be quashed and set aside. Similar is the view taken by this Court rendered in the case of Satish Kumar Dhingra (supra).
The writ petition is, therefore, allowed. The order dated 05.01.2026 passed by respondent no.1 is quashed and set aside.
The writ petition is disposed of alongwith pending applications. DINESH MEHTA, J. VINOD KUMAR, J. MAY 4, 2026/nk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2026 at 13:00:22
More judgments on Section 154
- Income Tax Officer, Jaipur vs Rakesh Kumar Malani, JaipurITA 1425/JPR/2026[2025-26]Status: Disposed21 Oct 2026AY 2025-26
- Income Tax Officer, Jaipur vs Anita Sharma, JaipurITA 1344/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Ramtirath Bawa, Nagpur vs ITO Ward3(4), NagpurITA 327/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Mohinder Singh, Nagpur vs ITO Ward 3(4), NagpurITA 322/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
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