AO rejected books of account and estimated net profit of assessee at rate of 7 per cent .CIT (A) reduced rate of profit to 5 per cent and said order was confirmed by Tribunal . Commissioner passed a revisional order directing the AO to  examine tax liability bearing in mind unsecured loans/creditors .  Revision order was up held by the Tribunal.  On appeal the Court held that   provisions of section 263(c) empower Commissioner to pass revisional order even if any appeal is pending but with a caveat, that order passed under section 263 shall govern only such matters which were neither subject matter nor decided in appeal . On facts  since, it was undisputed that issue on which remand order was passed in purported exercise of powers vested in Commissioner under section 263 i.e. unsecured loans/creditors, was not a subject matter of appeal and, thus, same could not have been decided by statutory authority. Accordingly the   order of Tribunal is up held .( AY. 2008-09)