2002 (2) TMI 64

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..... refore, chose to accept the peak credit and added it to the total income of the appellant. This has been done by the Tribunal in all these appeals as such all these appeals more or less involve common questions based on an identical order of the Tribunal. Therefore, the facts, for deciding all these appeals are drawn from Income-tax Appeal No. 1326 of 2000. Turning to the facts of Income-tax Appeal No. 1326 of 2000, in para. 19 of the impugned order of the Tribunal, the submissions advanced on behalf of the appellants are recorded. The findings recorded by the Tribunal are to be found in para. 20 of the impugned order which are the subject-matter of attack in this appeal. Mere glance at the impugned order would show that no reasons are .....

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..... own reasons as to why it disagreed with the reasons and findings of the primary or lower authority. Unless adequate reasons are given, merely because it is an appellate authority it cannot brush aside the reasoning or finding recorded by the lower authority. Reading all the impugned orders together would prima facie show that there is no appreciation of the substantive contention of the appellant by the appellate court/Tribunal which is the final court for finding of fact. It will not be out of place to refer by way of an example, para. 6 of the impugned order, impugned in Income-tax Appeal No. 1272 of 2000 filed by Shri Anantrai Doshi, wherein the Tribunal, while dealing with the contentions has observed that a similar issue had arise .....

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..... ssion. Having examined the orders in the light of the above facts, we are satisfied that the impugned orders, impugned in these appeals, are without reasons, consequently, the same are in breach of the principles of natural justice. We, in the above backdrop, are of the opinion that the interests of justice would be met by setting aside the impugned orders of the Tribunal impugned in all these appeals to the extent they are challenged in the respective appeals. So far as other questions unrelated to the above question, dealing with gifts or other items are concerned, the view taken by the Tribunal appears to be a reasonable and possible view. Neither do we propose to upset those findings nor any such case has been made out by the appell .....

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