Assessment of Ram Bhajan Ltd for Asst. Year 2018-19 was completed under section 143(3) by making additions of ₹25 lakhs to the income declared in the return. The assessee company filed an appeal before the Commissioner (

As per section 263 of the Income tax Act, 1961, the Commissioner has the power to revise an order which is erroneous, prejudicial to the interest of revenue, even if is the subject matter of appeal before Commissioner (Appeals). However, the power of the Commissioner under section 263 shall extend to only such matters as had not been considered and decided in such appeal by Commissioner (Appeals). In a case where the appeal is pending but not yet decided, the Commissioner cannot exercise his revisionary jurisdiction in respect of those issues which are the subject matter of appeal. [CWT vs. Sampathmal Chordia (2002) 256 ITR 440 (Mad.)]