CUARZO,UDAIPUR vs. PR. CIT,, UDAIPUR

ITA 347/JODH/2025Status: DisposedITAT Jodhpur26 February 2026AY 2020-21Bench: DR. MITHA LAL MEENA, HON’BLE (Accountant Member), SHRI SUDHIR PAREEK, HON’BLE (Judicial Member)4 pages
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What did the Tribunal hold?

The Tribunal held that once an assessment order merges with an appellate order or is finalized under the Vivad Se Vishwas Scheme, the PCIT cannot exercise revisional jurisdiction under Section 263. The order passed by the PCIT under Section 263 was deemed bad in law, illegal, and void ab initio.

What were the facts?

The assessee's assessment for AY 2020-21 was finalized under the Direct Taxes Vivad Se Vishwas Scheme, 2024, with a Form 4 issued by the PCIT. Subsequently, the PCIT initiated proceedings under Section 263 to revise the assessment order, which the assessee challenged.

What were the issues?

The key legal issue was whether the PCIT could initiate revisional proceedings under Section 263 after the assessment had achieved finality under the Direct Taxes Vivad Se Vishwas Scheme, 2024.

Which sections of the Income-tax Act were involved?

Section 263,Section 80GGC

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Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR

For Appellant: Shri Amit Kothari, CA (Physical)
For Respondent: Smt. Runi Pal, CIT-DR (Virtual)
Hearing: 29.01.2026

DR. MITHA LAL MEENA, A.M.: This appeal is filed by assessee against the order of Principal Commissioner of Income Tax, Udaipur [hereinafter referred to as PCIT] dated 04.03.2025 with respect to Assessment Year 2020-21 challenging therein initiation of proceedings u/s 263 after the assessment having achieved finality under Direct Taxes Vivad Se Vishwas Scheme, 2024 and that the order in Form 4 having already been issued for settlement of issues in the assessment.

2.

Grounds of Appeal are as under:

1.

The order passed by the Ld. AO is bad in law and against justice and is thus liable to be quashed.

2.

On the facts and in the circumstances of the case ld. Assessing Officer has erred in disallowing claim of deduction under section 80GGC of Rs.

2

The order continues below.

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