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)