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TMI Blog2021 (7) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... the ld.CIT(A) is a quasi-judicial authority. An order passed by the quasi-judicial authority should be in conformity with the principles of natural justice. Recording of reasons for the conclusions reached by an authority is a part and parcel of the principles of natural justice. CIT(A) had given bald findings without giving any cogent and convincing reasons based on evidence on record. Therefore, the order of ld.CIT(A) cannot be sustained in the eyes of the law. In order to meet the ends of justice, we remand the matter back to the file of ld.CIT(A) for denovo adjudication of the matter in accordance with the law. Appeal of the assessee is partly allowed for statistical purposes. - ITA No. 1343/PUN/2017 - - - Dated:- 6-7-2021 - SHR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hary 3 Lata Rajendra Agarwal 4 Naresh Goverdhandas Agrawal 5 Prakash A. Choudhary 6 Resham Rameshwar Agarwal 7 Shantidevi Naresh Agarwal 8 Sunil Narayandas Kukreja 9 Tayal Sumit Subhash 10 Tayal Kushal Subhash 11 Vijayashree Alloys Pune Pvt. Ltd 12 V.P. Enterprises 13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on by citing that the creditworthiness of the creditors was not proved. 5. On the other hand, the ld.CIT D.R. placed reliance on the order of ld.CIT(A). 6. We heard the rival submissions and perused the material on record. The issue in the present appeal refers to the unexplained cash credits u/s 68 of the I.T Act. The onus lies upon the assessee to prove to the satisfaction of the Assessing Officer as to identity, creditworthiness, genuineness of the credits received during the year under consideration. From the perusal of the assessment order, it is clear that it is not the case of the Assessing Officer that the appellant had failed to file the details establishing the identity, creditworthiness and genuineness of the credit transac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le dealing with the requirement of passing a reasoned order by an authority whether administrative, quasi judicial or judicial, had laid down as under:- 51. Summarizing the above discussion, this Court holds: a. In India the judicial trend has always been to record reasons, even in administrative decisions, if such decisions affect anyone prejudicially. b. A quasi-judicial authority must record reasons in support of its conclusions. c. Insistence on recording of reasons is meant to serve the wider principle of justice that justice must not only be done it must also appear to be done as well. d. Recording of reasons also operates as a valid restraint on any possible arbitrary exercise of judicial and quasi-judici ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cinct. A pretence of reasons or 'rubber-stamp reasons' is not to be equated with a valid decision making process. m. It cannot be doubted that transparency is the sine qua non of restraint on abuse of judicial powers. Transparency in decision making not only makes the judges and decision makers less prone to errors but also makes them subject to broader scrutiny. (See David Shapiro in Defence of Judicial Candor (1987) 100 Harward Law Review 731-737). n. Since the requirement to record reasons emanates from the broad doctrine of fairness in decision making, the said requirement is now virtually a component of human rights and was considered part of Strasbourg Jurisprudence. See (1994) 19EHRR 553, at 562 para 29 and Anya v ..... X X X X Extracts X X X X X X X X Extracts X X X X
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