TMI Blog2013 (3) TMI 489X X X X Extracts X X X X X X X X Extracts X X X X ..... s). However, despite that opportunity, it is recorded in the order, that the departmental representative had not been able to controvert those findings and point to any material to enable the Tribunal to take a view other than the view taken by the CIT (Appeals). It is in these circumstances that the Tribunal concurred with the view taken by the CIT (Appeals). It is also not the case of the revenue that the departmental representative had made certain points controverting the findings of the CIT (Appeals), which have not been taken into account by the Tribunal. Had that been done, possibly, the revenue would have filed an application under section 254 of the Income Tax Act, 1961 for rectification but that has also not been done. In these ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the said finding for want of any cogent reasons on the part of the revenue to disturb the said findings. In fact, the exact language used by the Tribunal for confirming the findings of the CIT (Appeals) is as under: 19. During the course of hearing of this, appeal, neither the ld Counsel of the Assessee nor the D.R. for the revenue have been able to point out any basis or material or criteria to controvert or to rebut the finding and conclusion arrived at by the ld. CIT (A) except by relying upon their respect stand taken before the ld. CIT (A). Though the ld. counsel for the Assessee made a specific submission about the benefit of adjustment of +5% to be given while determining the arms Length Price, the ld. Counsel for the Assessee h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner and has no other ground to record in support of its conclusion, it does not act illegally or irregularly, merely because it does not repeat the grounds of the Appellate Assistant Commissioner on which the decision was given against the assessee or the department. The criticism made by the High Court that the Tribunal had failed to perform its duty in merely affirming the conclusion of the Appellate Assistant Commissioner is apparently unmerited. 4. In view of the observations of the Supreme Court in the case of K.V. Pilliah and Sons (supra) it is apparent that merely because the Tribunal confirmed the findings of the lower appellate authority it does not mean that the Tribunal has acted illegally or irregularly. In the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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