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2022 (7) TMI 1392 - ITAT CHENNAIRevision u/s 263 by CIT - Addition u/s 69A - Assessee has submitted that the assessee has already opted to avail the Vivad-se-Vishwas Scheme 2020 - HELD THAT:- In the present case, the assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and filed Form 1 and Form 2 on 10.11.2020 and subsequently Form 3 were issued to the assessee on 23.12.2020 by the Designated Authority and moreover, Form 4 was filed on 04.02.2021 for issuance of Form 5 and Form 5 was also issued and taxes paid accordingly, much before the revision order under section 263 of the Act was passed on 25.02.2021. Since the assessee could produce the above details of availing Vivad-se-Vishwas Scheme 2020 and the Designated Authority has already issued Form 5 during the course of revision proceedings, the ld. PCIT was not aware of the above facts. Thus we of the considered opinion that the revision order passed u/s 263 by the ld. PCIT cannot survive. Revision order passed under section 263 is quashed. Appeal filed by the assessee is allowed.
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