Revisional jurisdiction survives a limited appeal where parts of the assessment were neither challenged nor decided in appeal.

Filing an appeal against an assessment on limited points does not, by itself, bar revision of the remaining parts of the assessment order that were not appealed against or adjudicated in appeal. The Supreme Court treated the revisional power under section 16(1) of the Companies (Profits) Surtax Act, 1964 as corresponding to section 263 of the Income-tax Act, 1961, and held that the Commissioner could invoke that power in respect of matters outside the appellate challenge. The Tribunal's contrary view was held incorrect, and the reference was directed in favour of the Revenue.

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Issues: Whether the Commissioner had jurisdiction under section 16(1) of the Companies (Profits) Surtax Act, 1964 to revise the Income-tax Officer's order when an appeal against the assessment had been filed on some other points.

Analysis: The assessment year was 1972-73 and the dispute related to the Commissioner's power to revise an assessment already carried in appeal on limited issues. The Court accepted the Revenue's contention that the revisional power under section 16(1) corresponded to section 263 of the Income-tax Act, 1961, and that the mere filing of an appeal on some items did not necessarily bar revision of matters not appealed against or not dealt with in the appellate order.

Conclusion: The Commissioner had jurisdiction to invoke section 16(1) in the circumstances; the Tribunal's contrary view was incorrect and the question was directed to be referred to the High Court, in favour of the Revenue.

Ratio Decidendi: Filing of an appeal against an assessment on limited points does not take away revisional jurisdiction over parts of the assessment order not appealed against or not adjudicated upon in the appellate proceedings.

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