9911796707
TMI Blog2005 (3) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... th due care and the Tribunal must have given its finding in a manner which would clearly indicate what were the points for determination before it, and what was the evidence pro and contra in regard to each of the issues and what were the findings reached on the evidence on record - This position has been reiterated once again in 2002 by this court after referring to the aforesaid judgment in the two decisions – therefore, impugned order of the Tribunal is quashed and set aside and the matter is restored to the file of the Tribunal for the purposes of adjudication afresh in the light of the well established legal principles enunciated by the apex court and this court. - - - - - Dated:- 15-3-2005 - Judge(s) : D. A. MEHTA., MS. H. N. DEVAN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anting reduction qua the balance amount. The reasons which weighed with the Commissioner of Income-tax (Appeals) for passing the said order are narrated in paragraph No. 4.2 of the appellate order. Both the assessee and the Revenue preferred cross-appeals before the Tribunal. The Revenue being aggrieved by the relief of Rs. 16,91,776 granted to the assessee and the assessee being aggrieved by the disallowance of Rs. 3,75,000 sustained by the Commissioner of Income-tax (Appeals). Both the appeals were heard together by the Tribunal and have been disposed of by a common order. As can be seen from the impugned order of the Tribunal, paragraphs Nos. 3 to 3.3 are narration of the facts; paragraph No. 3.4 records the contentions on behalf of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whether the order made by the first appellate authority is correct or not. The assessment order has already merged in the order of the Commissioner (Appeals) and has no independent existence. In case the Tribunal was inclined to reverse the order of the Commissioner of Income-tax (Appeals), it was necessary for the Tribunal to record, howsoever briefly, the reasons for the same. The impugned order of the Tribunal nowhere reflects as to why the basis on which the Commissioner of Income-tax (Appeals) accepted the explanation of the assessee was not correct. In the view that the court is inclined to take, it is not necessary to enter into discussion on the merits of the issue involved nor the veracity or the weightage to be assigned to the ev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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