2018 (12) TMI 886

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....T.S.SIVAGNANAM, J. This appeal, filed by the Revenue under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), is directed against the order passed by the Income Tax Appellate Tribunal Bench 'C', Chennai (hereinafter referred to as "the Tribunal") dated 30.07.2010, in MA.No.76/Mds/2010 for the assessment year 2004.05. 2.The appeal has been admitted by ord....

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....m record even though no fresh facts which were not available before the Tribunal had to be considered? 3.Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in not rectifying its order confirming the deletion of the entire addition of Rs. 4,16,12,082/- made by the Assessing Officer treating the said amount as deemed dividend under Section....

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....dividend under Section 2(22)(e) of the Act; that the CIT(A) failed to consider the remand report submitted by the Assessing Officer stating that there are number of transactions appearing on the credit side of the ledger account with a narration 'advance for supplies' and that there have been no such supplies actually made by the assessee to the subsidiary company. Apart from the above, th....

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....ted the application on the ground that there is no error which needs to be rectified and the revenue seeks to re-argue the matter. 6.We are in agreement with the view taken by the Tribunal. The attempt of the revenue is to re-canvas the points which were raised by them before the Tribunal and in the event if the the revenue is of the opinion that the points raised by them were not properly cons....