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TMI Blog2023 (1) TMI 1400X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee is directed against the order passed by the Pr. Commissioner of Income Tax, Raipur-1 (for short Pr. CIT ) u/s.263 of the Income Tax Act, 1961 (for short the Act ) dated 23.02.2022, which in turn arises from the order passed by the A.O. u/s.143(3) of the Act, dated 25.12.2019 for A.Y. 2017-18. Before us the assessee has assailed the impugned order on the following grounds of appeal: 1. Ld. Pr. CIT erred in invoking the provisions of sec. 263 and in setting aside the assessment order for fresh enquiry. Order passed u/s 263 is unsustainable and is passed without properly appreciating the facts evidences on record. The assessment order is neither erroneous nor prejudicial to the interest of Revenue. 2. Order passed u/s 263 is illegal inasmuch as same has been passed without appreciating the fact that appellant has already filed declaration under DTVSV, 2020 in respect of the issue raised by Ld. Pr. CIT. Provisions of sec. 263 could not have been invoked. 3. Without prejudice to above grounds, the revision order passed by ld. Pr. CIT is illegal and not sustainable inasmuch as it was passed without dealing with any of the objections raised by the appellant. It is a non speaking o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , it was submitted by the Ld. Authorized Representative (for short AR ) that as the assessee had opted for Direct Tax Vivad Se Vishwas Act and Form 5 was issued to him, Page 22 of APB, therefore, the Pr. CIT had grossly erred in law and facts of the case in disturbing such settled matter by initiating and passing an order u/s.263 of the Act dated 23.02.2022. It was averred by the Ld. AR that both initiation and passing of the order u/s.263 by the Pr. CIT was subsequent to the date on which Form 5, dated 13.10.2021 was issued to the assessee. Interestingly, it was submitted by the Ld. AR that the same Pr. CIT who had issued Form-5, had thereafter initiated and passed the 5 order u/s.263 of the Act 23.02.2022. In sum and substance, it was the claim of the Ld. AR that as the assessee had opted for Direct Tax Vivad Se Vishwas Act and the issue was settled, therefore, the Pr. CIT was not vested with any jurisdiction to revise the order passed by the A.O u/s.143(3) dated 25.12.2019. In support of his aforesaid contention the Ld. AR had relied on the order of the ITAT, Bangalore in the case of Pavan Kankur Vs. Pr. CIT (2022) 66 CCH 260 (Bang) and judgment of the Hon ble High Court of Madr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to an assessment year or financial year, as the case may be, means the income-tax, including surcharge and cess (hereafter in this clause referred to as the amount of tax) payable by the appellant under the provisions of the Income-tax Act, 1961, as computed hereunder: (A) in a case where any appeal, writ petition or special leave petition is pending before the appellate forum as on the specified date, the amount of tax that is payable by the appellant if such appeal or writ petition or special leave petition was to be decided against him; (B) in a case where an order in an appeal or in writ petition has been passed by the appellate forum on or before the specified date, and the time for filing appeal or special leave petition against such order has not expired as on that date, the amount of tax payable by the appellant after giving effect to the order so passed; (C) in a case where the order has been passed by the Assessing Officer on or before the specified date, and the time for filing appeal against such order has not expired as on that date, the amount of tax payable by the appellant in accordance with such order; (D) in a case where objection filed by the appellant is pendin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be as specified in the table to the said section. 42. As per section 4(6) of the Direct Tax Vivad Se Vishwas Act, 2020, the declarations filed under Section(1) shall be presumed to have never been made if:- (a) Any material particular furnished in the declaration is found to be false at any stage; (b) The declarant violates any of the conditions referred to in this Act; (e) The declarant acts in any manner which is not in accordance with the undertaking given by him under sub-section(5) And in such cases, all the proceedings and claims which were withdrawn under section 4 and all the consequences under the Income-Tax Act against the declarant shall be deemed to have been revived. 43. Section 6 of the Direct Tax Vivad Se Vishwas Act, 2020, makes it very clear that once there is a compliance with the timeliness specified under section (5), the designated authority shall not institute any proceedings in respect of an offence or aims or levy any penalty or charge any interest under the Income-tax in respect of the tax arrears. 44. Section 5 of the Direct Tax Vivad Se Vishwas Act, 2020, also makes it clear that save as otherwise expressly provided in sub-section (3) of section 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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