Amitkumar Chandulal Rajani v. PCIT (2023) 295 Taxman 163/(2024) 460 ITR 241 (Guj.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Matter in issue before Commissioner which was sought to be brought to rest by opting for benefit of Scheme was in context of same-Revision proceeding is quashed. [S. 143(3),147, Direct Tax Vivad Se Vishwas Act, 2020, S. 4] C

 

The appeal of the assessee was pending against the reassessment proceedings. The assessee opted for Direct Tax Vivad se Vishwas Scheme (DTVSV Act) to settle dispute related to assessment. The  Designated authority under DTVSV Act determined amount payable and issued a certificate in Form No. 5. Principal Commissioner initiated proceedings under section 263  of the Act. On writ allowing the petition the Court held that  on perusal of appeal memo placed on record, it was evident that matter in issue before Commissioner which was sought to be brought to rest by opting for benefit of Scheme was in context of same issue which revenue sought to invoke by issuing notice under section 263. Accordingly the revision proceeding is quashed.  (AY. 2012-13)