2006 (6) TMI 62

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.... 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 of law. "1. Whether in the facts and circumstances of the case, the Tribunal was right in admitting the additional ground raised by the asse....

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....nbsp; has raised  an  additional ground with regard to this aspect of the matter stating that this was so withdrawn as insisted upon by  the  learned  counsel  on  the understanding  that  the  amount  added  to a loss figure and still the income remaining a loss there would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  levied  on  the ....

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....davit is filed in this regard  for not  insisting upon the issue on merits before the Commissioner of 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 ....

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....ced because of additions.  The Supreme Court in CIT v.  Hindusthan Electro Graphites Ltd.  [2000] 243 ITR 48 had observed, as was stated by the learned counsel and that subsequently in  one  other order the Supreme Court has also held that additional tax could be levied even where the returned loss  is  reduced. It  can  therefore  be appreciated&n....