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TMI Blog2023 (3) TMI 322X X X X Extracts X X X X X X X X Extracts X X X X ..... , the question of invoking Rule 46A of the Income Tax Rules does not even arise, in view of the fact that the alleged material, which was assumed to be the additional evidence, was always available before the AO. No reason to interfere with the order impugned herein, for no question of law arises for consideration. - T.C.A.No.416 of 2022 - - - Dated:- 4-1-2023 - Honourable Mr.Justice S.Vaidyanathan And Honourable Mr.Justice Mohammed Shaffiq For the Appellant : Mr.M.Swaminathan For the Respondent : No appearance JUDGMENT This Tax Case Appeal is filed, raising the following questions of law : (1) Whether on the facts and in the circumstances of the case, the Tribunal was right in rendering its decision on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent assessee carried the matter in appeal before the Commissioner of Income Tax (Appeals), who found that the discrepancy was in view of the fact that the branch loss was not taken into account, although relevant material was produced before the Assessing Officer, and had the same been considered, the alleged discrepancy might not exist. 4. In this regard, it is apt to refer to relevant portion of the order of the first appellate authority, which reads as under : ''5.2. In the P L A/c for YE 31-3-2013 Net Profit before tax and after tax of Head office Sivakasi is shown at Rs.6,83,00,406 which is the figure as per impounded P L A/c. In the consolidated P L A/c., Loss of Mumbai Branch (started on 23-10-2012) is admitted at Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and profit of Rs.6,83,00,406/- on head office at Sivakasi. The consolidated figure comes to net profit of Rs.76,14,663/-, which is declared by the assessee. We noted that since the above details were incorporated in the relevant schedules in the audited accounts and return of income is filed much before the survey conducted by the Department u/s.133A of the Act, we find no reason to refer the matter back to the file of the AO particularly, when all the information were filed by the assessee before him. Hence, we find no infirmity in the order of CIT (A) deleting the addition. We confirm the order of CIT (A) and dismiss this appeal of Revenue.'' 6. Revenue is in appeal before this Court against the order of the learned Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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