Once an issue was considered and decided by CIT (Appeals), remedy of Revenue cannot lie in invocation of jurisdiction u/s 263
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Where an order passed by the Assessing Officer is subject to an appeal that has been filed, the power of the Commissioner to invoke his revisional jurisdiction under section 263 can only extend to such matters which have not been considered and decided in the appeal.
HIGH COURT OF BOMBAY
Ranka Jewellers
v.
Addl. CIT
ITA No. 1311 of 2009
March 26, 2010