9911796707
TMI Blog2006 (5) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... rior to commission of raid effected under section 132 of the Income-tax Act cannot be considered against the estimation of income from alleged hawala business ? 2. Whether the assessee is entitled to claim any benefit of the VDIS disclosure in block assessment period cases to avoid assessment in respect of the income which according to him he had already disclosed in the VDIS as admittedly the estimated income did not exceed the disclosure made in the VDIS ?" 2. Heard Shri G. M. Chafekar, learned senior counsel with Shri P. Prasad, learned counsel for the assessee/appellant, and Shri R. L. Jain, learned senior counsel with Kum. V. Mandlik, learned counsel for the respondent/ Revenue. 3. The issue in question arises out of block assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he winning side is least concerned with even reasoning once the issue is decided in their favour. It is the losing party who is more concerned with non-assigning of the reasoning because they have to challenge the reasoning in further appeal to get rid of the order. 6. We feel most appropriate to quote the subtle observations of the Supreme Court made from time to time on this issue consistently reminding the courts in the country the need to assign the reasons by any quasi-judicial, judicial and administrative authorities in support of their conclusions when they are assigned the task of deciding the rights of parties. These observations came to be made in one of the recent decisions by their Lordships in the case of Damah Panna Sagar Rur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other words, a speaking out. The 'inscrutable face of a sphinx' is ordinarily incongruous with a judicial or quasi-judicial performance." 7. In this present case, we are at a loss to know as to what were the facts of the case, the issue raised, issue decided, what was the reasoning of the Tribunal which resulted in rejection of ground against the assessee. There is no discussion, much less categorical finding on any of the legal submission. urged by the assessee. The whole issue was decided so cursorily that it does not exhibit any application of judicial mind. The issue involved and sought to be raised was legal one. It required to be dealt with in detail both on fact and in law. Proper facts in relation to the issue should have been men ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved in this appeal and remand the case to the Tribunal for deciding the appeal afresh on the merits. Since, we are remanding the case; we do not wish to apply our mind to the factual/legal issues involved in the appeal though argued by learned counsel for the parties at length. It is for them to raise all their submissions in appeal before the Tribunal which will be decided by the Tribunal keeping in view, the latest judicial pronouncement, narration of facts necessary for the disposal of appeal and the legal submissions urged by the respective parties in support of their respective case, etc. Let this be done within six months from the date of appearance of parties before the Tribunal on July 3, 2006.
12. No costs.
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