Dismissing the appeal of the revenue the Court held that the reassessment proceedings had been initiated contrary to the second proviso to section 147(1). What was pending before the Commissioner (Appeals) was the very same subject matter for which notice under section 148 was issued. Court also held that the Tribunal was right in confirming the decision of the Commissioner (Appeals) and quashing the order thereby deleting the additions made on account of electricity duty and short provision of interest on Government loan, made under section 43B, relying on the court’s decision in the assessee’s own case for earlier assessment years. Followed   Kerala State Electricity Board v. Dy CIT (2010) 329 ITR 91 (Ker.)(HC) (AY. 2005-06)