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TMI Blog2006 (6) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... o revenue so no question of law arise - TCA 609 to 611 of 2006 - - - Dated:- 20-6-2006 - JUDGMENT The judgment of the court was delivered by P.P.S. JANARTHANA RAJA, J.- The revenue has filed the above appeals against the order of the Income-tax Appellate Tribunal, Madras 'C' Bench dated 24.01.2003 in ITA Nos.1163, 1164, 1165/97, raising the following substantial questions o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his order dt. February 14, 1997, viz., that the other grounds of appeal are not pressed. The assessee has raised an additional ground with regard to this aspect of the matter stating that this was so withdrawn as insisted upon by the learned counsel on the understanding that the amount added to a loss figure and still the income remaining a loss there would be no additional tax l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income-tax (Appeals) should be considered favourably so that the appeal on that basis could be directed to be heard by the Commissioner of Income-tax (Appeals) on merits. The learned Departmental Representative strongly opposed the consideration of the additional ground as well as the affidavit. He further stated that on merits the Commissioner of Income-tax (A) did not consider the issues. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Supreme Court has also held that additional tax could be levied even where the returned loss is reduced. It can therefore be appreciated that the claim of the assessee that it may not be imposed additional tax could not be rejected outright and this was the reason for not insisting upon the decision on merits. In our opinion, the plea made on behalf of the assessee sounds r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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