9911796707
TMI Blog2015 (2) TMI 711X X X X Extracts X X X X X X X X Extracts X X X X ..... Dated:- 28-1-2014 - MR. AJAY KUMAR MITTAL AND MRS. ANITA CHAUDHRY, JJ. For the Appellant : Mr. Denesh Goyal, Advocate JUDGEMENT Ajay Kumar Mittal J.- 1. This appeal has been filed by the Revenue under section 260A of the Income-tax Act, 1961 (in short the Act ), against the order dated September 27, 2012, passed by the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar (hereinafter referred to as the Tribunal ) for the assessment year 2008-09, claiming the following substantial questions of law : A. Whether the hon'ble Income-tax Appellate Tribunal, Amritsar Bench, Amritsar, was justified in accepting the reason for withdrawal and subsequently deposit of in the savings bank account pertains to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tal taxable income at ₹ 53,99,610 including the agricultural income of ₹ 7,00,000 treating the same as income from undisclosed sources. Feeling aggrieved, the assessee filed an appeal before the Commissioner of Income-tax (Appeals) (for brevity, the CIT(A) ). The Commissioner of Income-tax (Appeals), vide order dated January 2, 2012 (annexure A-2), confirmed the addition of ₹ 43,01,000 made by the Assessing Officer. Further, the Commissioner of Income-tax (Appeals) while confirming the agricultural income as income from undisclosed sources up to ₹ 50,000 directed the Assessing Officer to assess ₹ 6,50,000 as the agricultural income for rate purposes only. Still dissatisfied, the assessee filed an appeal before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustice must not only be done it must also appear to be done as well. (d) Recording of reasons also operates as a valid restraint on any possible arbitrary exercise of judicial and quasi-judicial or even administrative power. (e) Reasons reassure that discretion has been exercised by the decision maker on relevant grounds and by disregarding extraneous considerations. (f) Reasons have virtually become as indispensable a component of a decision-making process as observing principles of natural justice by judicial, quasi-judicial and even by administrative bodies. (g) Reasons facilitate the process of judicial review by superior courts. (h) The ongoing ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Defence of Judicial Candor (1987) 100 Harward Law Review 731-737). (n) Since the requirement to record reasons emanates from the broad doctrine of fairness in decision making, the said requirement is now virtually a component of human rights and was considered part of Strasbourg Jurisprudence. See Ruiz Torija v. Spain [1994] 19 EHRR 553 at 562 para 29 and Anya v. University of Oxford [2001] EWCA Civ 405 (CA), wherein the court referred to article 6 of the European Convention of Human Rights which requires, 'adequate and intelligent reasons must be given for judicial decisions'. (o) In all common law jurisdictions judgments play a vital role in setting up precedents for the future. Therefore, f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer is not justified in treating the cash deposits as unexplained and the same cannot be added to the income of the assessee. The Assessing Officer is directed to delete the additions so made and the order of the learned Commissioner of Income-tax (Appeals) is accordingly reversed. Thus, all the grounds of the appeal of the assessee are allowed. 8. Therefore, the order dated September 27, 2002, does not satisfy the requirements of being a reasoned order as enunciated by the apex court noticed hereinabove. Thus, the substantial questions of law stand answered accordingly. Consequently, after setting aside the order of the Tribunal dated September 27, 2012, which is passed in violation of the principles of natural justice as per the law ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
