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[2007] 292 ITR 533 [2008] 170 TAXMAN 233 (MP) HIGH COURT OF MADHYA PRADESH, INDORE BENCH Siddhartha Tubes Ltd. v. Commissioner of Income-tax S.K. KULSHRESTHA AND ASHOK KUMAR TIWARI, JJ. IT APPEAL NO. 50 OF 2002 APRIL 4, 2006 Section 90 of the Finance (No. 2) Act, 1998 - Kar Vivad Samadhan Scheme - Assessment year 1995-96 - After completion of its assessment, assessee filed a declaration under Kar Vivad Samadhan (KVS) Scheme, which was accepted by designated authority - Assessee paid tax accordingly and a certificate was also issued under said Scheme - Thereafter, Commissioner, acting under section 263, set aside assessment order with a direction to recalculate certain deductions - Whether when there was no concealment of information on part of assessee nor any steps were suggested for cancellation of declaration as per provisions under KVS Scheme, it was permissible to revise said assessment order under section 263, after certificate having been issued under KVS Scheme - Held, no FACTS For the assessment year 1995-96, the Assessing Officer had completed the assessment of the assessee-company under section 143(3). The assessee thereafter filed a declaration under the 'Kar Vivad Samadhan Scheme, 1998' ('the KVS Scheme'). The declaration was accepted as full and final settlement by the designated authority under the KVS Scheme. The assessee paid tax in accordance with the said settlement and a certificate, as contemplated under section 90(2) of the KVS Scheme, was duly issued and the matter was finally settled. In view of the said settlement, the appeal pending before the Commissioner (Appeals) was dismissed as infructuous. However, in purported exercise of the power under section 263, the Commissioner issued notice proposing to reopen the assessment. The assessee opposed the said action of the Commissioner by submitting that when the entire material was placed in the declaration made under the KVS Scheme, it was not open to the Commissioner to reopen the assessment under section 263. The Commissioner, however, passed an order under section 263 and set aside the assessment with a direction to recalculate the deductions under sections 80HH, 80-I and 80HHC. The…

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