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TMI Blog2005 (2) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... e Income-tax Act, 1961 against an order dated September 25, 2001, passed in the Income-tax Appellate Tribunal in I.T.A. No. 627/Ind of 1996. This appeal was admitted for final hearing on the following substantial questions of law: "1. Whether, on the facts and in the circumstances of the case and in law, the Income-tax Appellate Tribunal was justified in holding that expenditure made on account of royalty payment was allowable as revenue expenditure? 2. Whether, on the facts and in the circumstances of the case and in law, the Income-tax Appellate Tribunal was justified in allowing expenditure of Rs. 10,39,045 treated by the Assessing Officer as unreasonable and not deductible as per the provisions of section 40A(2) and section 35A of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clusion". It may be good for the parties to appeal because they are more concerned with the eventual conclusion but not much concerned as to how that conclusion was reached. At least the winning side is least concerned with even reasoning if the issue is decided in it favour. It is the losing party who is more concerned with non-assigning of the reasoning which led to the decision against them. We feel most appropriate to quote the subtle observations of the Supreme Court made from time to time consistently reminding the courts in the country of the need to assign the reasons by any quasi-judicial, judicial as also by administrative authorities in support of their conclusions. These observations came to be made in one of the recent decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der made, in other words, a speaking out. The inscrutable face of a sphink' is ordinarily incongruous with a judicial or quasi-judicial performance." In this present case, we are at a loss to know the facts of the case, the issue raised, issue decided in earlier years and the year in question, what was the reasoning of the Tribunal in the earlier year cases which according to the learned Members went in favour of the assessee. It is neither mentioned, nor quoted, nor enclosed by way of annexure so that we may read the same for deciding the appeal. In the absence of any of these things on record, we are unable to know as to whether at all, the Tribunal decided the issue and if so, what was that issue which the Tribunal eventually decided, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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