Commissioner invoked revisional power on ground that Assessing Officer had not conducted proper enquiries with respect to assessee’s claim for set off of carry forward depreciation while computing book profit under section 115JB. Commissioner set aside order of assessment and remanded matter back to Assessing Officer to make fresh assessment as per law. On remand, Assessing Officer passed revised order of assessment. Assessee preferred an appeal before Commissioner (Appeals) who dismissed appeal. Against order of Commissioner (Appeals), assessee preferred an appeal before Tribunal. Tribunal held that order of Commissioner under section 263 having reached its finality, proceedings consequent to order of Commissioner under section 263 could not be challenged until and unless proceedings under section 263 were agitated by assessee. Accordingly, appeal was dismissed as not maintainable. On appeal the Court held that   since Commissioner (Appeals) had decided appeal preferred by assessee against revised assessment order on merits, it was incumbent upon Tribunal to have decided appeal on merits rather than finding that assessee ought to have questioned order under section 263 in a separate proceedings. Since Tribunal erred in dismissing appeal preferred by assessee as ‘not maintainable’, order of Tribunal was  set aside and appeal was  restored to files of Tribunal  for fresh consideration.  (AY. 2006-07)