On a writ petition challenging the rectification order passed under section 154 of the Income-tax Act, 1961 dated February 15, 2021, passed by the Deputy Commissioner during the pendency of the assessee’s application for settlement of disputed tax under the Direct Tax Vivad Se Vishwas Act, 2020 and also seeking a direction to reconsider its application for settlement of disputed tax under the 2020 Act.  The Court held that  there was no mistake apparent in the computation of raised by the audit party was not a mistake apparent from the record, which could be corrected under section 154 of the 1961 Act, but an opinion in law on the manner in which set-off of business losses was to be permitted. The Court also held that   on the facts, the bar of the provision of section 5 of the 2020 Act was not attracted. The order rejecting the assessee’s application for settlement under the Direct Tax Vivad Se Vishwas Scheme, on the ground that the tax liability was not ascertained was set aside and the application was restored to the Assessing Officer as on December 28, 2020 to determine the amount payable by the assessee in accordance with the provisions of the 2020 Act and to grant a certificate to the assessee in respect of the tax arrears and amount payable in accordance with law. Followed , T.S Balaram , ITO v .Vollkart Brothers ( 1971) 82 ITR 50 ( SC),  Indian and Eastern Newspaper Society v .CIT (( 1979) 119 ITR 996 ( SC)    (AY-2017-18)