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TMI Blog2020 (11) TMI 912X X X X Extracts X X X X X X X X Extracts X X X X ..... nt that the Tribunal has not assigned any reasons worth naming for confirming the finding recorded by the Commissioner of Income-Tax (Appeals). From a perusal of paragraph No.6 of the Order passed by the Tribunal, it is evident that the Tribunal has remitted the matter to the Assessing Officer with regard to the substantial question of law No.3 involved in this appeal. We find that substantial questions of law No.1 and 2 are inextricably involved with substantial question of law No.3. Since the Order of the Tribunal, which is a final fact finding authority is cryptic and suffers from the vice of non-application of mind, the same is hereby quashed. The matter is remitted to the Tribunal to consider the substantial questions of law No.1 and 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the fact that the assessee was unable to substantiate the sales made for the period March 2003 reflected as sales on 3-3-2003 with any sale bills and negative cash balance was worked out based on audited books of accounts of the assessee and the return of income filed by the assessee? 3. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in deleting the addition made by assessing authority in respect of interest income without appreciating that the interest income cannot be adjusted and set off against other cost/business expenditure after setting up of business and the assessing authority has rightly made addition in accordance with the provisions of the Act? . 2. The facts giving rise to fili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned reasons for confirming the decision of the Commissioner of Income-Tax (Appeals). 4. We have considered the submissions made by learned counsel for the revenue and have perused the records. The Tribunal has upheld the finding recorded by the Commissioner of Income-Tax (Appeals), which reads as under:- 10. We have considered the above submissions. It is clear from the above that the CIT (A) has examined this issue and drawn due conclusion. The Revenue has not brought any material to assail such conclusion and hence we confirm the decision of the CIT (A). 5. Thus, from a perusal of paragraph No.10 of the Order passed by the Tribunal, it is evident that the Tribunal has not assigned any reasons worth naming for confirming the f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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