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2020 (7) TMI 369 - AT - Income TaxRevision u/s 263 - Matter was subject matter of appeal before CIT(A) - Allowability of provision of interest u/s. 234D under provisions of MAT - as per CIT-A provision of interest on income-tax amounting to ₹ 14.44 crores provided for withdrawal of excess refund is income-tax charged under the provisions of the Act and therefore, ought to have been added while computing the book profits under section 115JB - HELD THAT:- in the present case the AO has already analysed one aspect of the matter which was pending before the CIT(A), the matter cannot be again relooked by the ld. CIT, on any other aspect as the order of the AO would merged with the order of CIT(A) in view of the decision of CIT Vs K. Sera Sera Production Ltd [2015 (5) TMI 937 - BOMBAY HIGH COURT]. Commissioner had no power to touch upon the issues of disallowance of provision of Income tax in the impugned proceedings under Section 263 of the Act. It is evident from the above that the Commissioner is not empowered to exercise his jurisdiction on an issue which is subject matter of appeal before the CIT(A). In the present case, it is undisputed that the matter on the issues in question is pending before the CIT(A). Thus, we find that the Commissioner has no jurisdiction to consider these issues in revisionary proceedings under Section 263 of the Act in terms of clause (c) to Explanation 1 to Section 263 of the Act. Decided in favour of assessee.
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