The Tax Publishers2020 TaxPub(DT) 3537 (Ctk-Trib)

INCOME TAX ACT, 1961

Section 263

As regards issue being subject-matter of appeal before CIT(A), Pr. CIT could not exercise his jurisdiction under section 263.

Revision under section 263 - Erroneous and prejudicial order - Invocation of jurisdiction as regards - Issue being subject-matter of appeal before CIT(A)

Pr.CIT invoked revisionery jurisdiction under section 263 and directed AO to modify assessment Order by making further addition under section 56(2)(viib) in addition to that already made by AO. Assessee's case was that assessee had filed appeal before CIT(A) challenging addition already made by AO under section 56(2)(viib) and appeal was pending before CIT(A). Held: As regards issue being subject-matter of appeal before CIT(A). Pr. CIT could not exercise his jurisdiction under section 263.

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2014-2015



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