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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 ..... smuch 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 order. The revision order is liable to be annulled. 4. The appellant reserves the right to add, amend or alter any of the ground/s or appeal." 2. Succinctly stated, the assessee had filed his return of income for A.Y.2017-18 on 02.11.2017, declaring an income of Rs. 15,66,140/-. Assessment was, thereafter, framed by the A.O vide his order passed u/s.143(3) dated 25.12.2019, wherein, after making an addition of Rs. 1,04,85,751/- towards bogus purchases the income of the assessee was assessed at Rs. 1,21,83,767/-. After culmination of the assessment the Pr. CIT, Raipur-1 called for assessment records of the assessee. Observing, that the order passed by the A.O u/s.143(3), dated 25.12.2019 was erroneous in so far it was prejudicial to the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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 Madras in the case of Gopalkrishnan Rajkumar Vs. Pr. CIT (2022) 445 ITR 557 (Mad.). 7. Per contra, the Ld. Departmental Representative (for short 'DR') on being confronted with the peculiar facts of the case could not rebut the claim of the assessee. 8. We have given a thoughtful consideration to the issue before us, and are unable to fathom that now when the assessee had opted for the order passed by the A.O u/s.143(3) dated 25.12.2019 under the Direct Tax Vivad Se Vishwas Act and Form 5 dated 13.10.2021 was issued by the Pr. CIT-1, Raipur, then, on what basis proceedings u/s.263 of the Act were initiated by the Pr. CIT-1, Raipur vide SCN dated 24.01.2022, followed by an order dated 23.02.2022. In fact, we are surprised to find t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pecial 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 pending before the Dispute Resolution Panel under section 144C of the Income-tax Act as on the specified date, the amount of tax payable by the appellant if the Dispute Resolution Panel was to confirm the variation proposed in the draft order; (E) in a case where Dispute Resolution Panel has issued any direction under sub-section (5) of section 144C of the Income-tax Act and the Assessing Officer has not passed the order under sub-section (13) of that section on or before the specified date, the amount of tax payable by the appellant as per the assessment order to be passed by the Assessing Officer under subsection (13) thereof; (F) in a case where an application for revision under section 264 of the Inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt 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 or section 6, noting contained in this Act shall be construed as conferring any benefit, concession or immunity on the declarant in any proceedings other than those in relation to which the declaration has been made. 45. The intention of the parliament enacting the of the Direct Tax Vivad Se Vishwas Act, 2020, is to bring a closure of disputes in respect of tax arrears. Whether the petitioner had correctly or wrongly availed the benefit of section 57(F) of the Income-tax Act or not cannot be re-opened once again under section 263 of the Income-tax Act, 1961. 46. Once the petitioners had opted to settle the dispute under the Direct Tax Viv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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