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TMI Blog2012 (8) TMI 1209X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. That the Revenue has erred in law and on facts in disallowing electricity expenses amounting to `₹ 85,319/-. 4. That the Revenue has erred in law and on facts in adding the amount of ` ₹ 3,667/- which pertains to the difference in closing balance of amount receivable from M/s Heritage Resorts Pvt. Ltd. as per their books and as per our books of Accounts. 5. That the Revenue has erred in passing the order without giving an adequate opportunity to the assessee company. The assessee company craves leave to add/alter/amend the grounds of Appeal at the time of hearing. 2. At the outset, none-appeared on behalf of the assessee nor submitted any request for adjournment. Considering the nature of issues and findings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expenditure in relation to professional services were to be borne by M/S Heritage Resorts P Ltd.. However, on perusal of details of expenses, it was found that an amount of `₹ 80,083/- had been claimed by the assessee, being the amount incurred by Ms. Cristina Patnaik to find out new products for the boutique of M/s Heritage resorts. Since the amount had been incurred in relation to earning of professional income, which had nothing to do with the business of the assessee, the AO disallowed the amount. 4.1. Besides, the AO disallowed electricity expenses of `₹ 85,319/- out of total of `₹ 1,89,598/- attributable to premises, sublet to three other parties and ` ₹ 3,667/- on account of non-reconciliation of closing ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erned authority to the issues/points raised before it. The application of mind to the material facts and the arguments should manifest itself in the order. Section 250(6) of the Act mandates that the order of the CIT(A) while disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reasons for the decision. The requirement of recording of reasons and communication thereof by the quasi-judicial authorities has been read as an integral part of the concept of fair procedure and is an important safeguard to ensure observance of the rule of law. It introduces clarity, checks the introduction of extraneous or irrelevant considerations and minimizes arbitrariness in the decision-making ..... X X X X Extracts X X X X X X X X Extracts X X X X
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