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TMI Blog2014 (3) TMI 471X X X X Extracts X X X X X X X X Extracts X X X X ..... it agreed with the reasons of the Assessing Officer, ought to have recorded its reasons and considered the matter independently in the light of relevant provisions of the Income Tax Act, 1961 – thus, the matter is remitted back to the Tribunal – Decided in favour of Assessee. - ITA No.619/2007 and ITA No.618/2007 - - - Dated:- 4-2-2014 - Dilip B Bhosale And B Manohar, JJ. Sri E R Indrakuma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the Appellate Authority dismissed the appeals filed by the respondent-assessee against the assessment order dated 09-03-2005. 3. We have heard learned counsel for the parties for some time and with their assistance gone through the orders passed by the Tribunal, the first Appellate Authority and the Assessing Officer. Insofar the order of Tribunal is concerned, in our opinion, it is cryptic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tly on merits, as against the order passed by the Assessing Officer. The Tribunal, in our opinion, whether or not it agreed with the reasons of the Assessing Officer, ought to have recorded its reasons and considered the matter independently in the light of relevant provisions of the Income Tax Act, 1961. In the course of argument, when we so expressed, learned counsel for the parties fairly agree ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we have not addressed and answered the substantial questions of law, as formulated in the memorandum of appeal. The Tribunal may deal with them and dispose of the appeals within the stipulated time. At this stage, learned counsel for the revenue, fairly states that the Assessing Officer shall not take any coercive action against the assessee till disposal of the appeals by the Tribunal. His statem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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