Re: Reopening/Reassessment u/s.148 after issuance of Final Certificate by DA under DTVsV

In a case where an assessee opts for the DTVsV and a Final Certificate is issued by the DA in terms of the said Act, whether the Department would be debarred from reopening the assessment case u/s.148 of the Income Tax Act for the particular assessment year as per the provisions of section 5 of the DTVsV, even on the basis of any Audit Objections, fresh tangible material post assessment etc.??

Once certificate is issued it is binding on the revenue ,  hence none of the mater(s) covered under an order of section 5 of VSVA shall be reopened.    In Killick Nixon Ltd. v. Dy. CIT (2002) 258 ITR 627 / 125 Taxman1055/(2003)172Taxation373 / 178 CTR 387 (SC) dealing with S.87 of the Kar Vivad Samadan Scheme , the Honourable Supreme Court held that   ,upon declaration being made tax arrears being determined, paid and certificate issued under KVSS, there is no jurisdiction for the Assessing Officer to reopen the assessment by a notice under section 148 except where case falls under the proviso (2) of sub-section (1) of section 90 of the scheme and it is found that any particular material furnished in the declaration is found to be false. 

 

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