JUDGMENT :

ABHAY AHUJA, J.

1. By this Petition filed under Article 226 of the Constitution of India, 1950, Petitioner is challenging the validity of Form-3, dated 28th January, 2021 and 26th March, 2021 issued under Section 5 of the Direct Tax Vivad Se Vishwas Scheme, 2020 (the “DTVSV Act”) by the Designated Authority for Assessment Year 2002-2003.

2. Petitioner is a bank established in the Netherlands and it is a part of the Rabobank Group worldwide. It is submitted that Petitioner is a regular assessee under the Income Tax Act, 1961 (the “IT Act”).

3. Petitioner had filed a Return of Income on 31st March, 2003 declaring nil income. The Assessment Order was passed on 28th March, 2005 assessing business profits attributable to permanent establishment (PE) at Rs.31,25,060/-. Being aggrieved by the said order, an appeal was filed before the Commissioner of Income Tax (Appeals) [“CIT(A)”] on 28th April, 2005. The CIT(A), by its order dated 15th May, 2006 deleted the addition, holding that Petitioner does not have a PE in India. Thereafter, the assessing officer filed Appeal before the Tribunal on 11th August, 2006. The Tribunal, by its order dated 1st April, 2015, restored the issue to