On writ the Court held, that the Assessing Officer has no jurisdiction to assess or reassess any income which is the subject matter of an appeal. Since the grant of benefit of section 11 of the Act was the subject matter of appeal and had been held in favour of the assessee, the notice of reassessment was not valid. The third proviso to section 147 of the Income-tax Act, 1961 provides that the Assessing Officer may assess or reassess such income, other than the income involving matters which are the subject matters of any appeal, reference or revision, which is chargeable to tax and has escaped assessment.