The Tax Publishers2020 TaxPub(DT) 5038 (Karn-HC)

INCOME TAX ACT, 1961

Section 254

Where Tribunal had not assigned any reasons worth naming for confirming the finding recorded by CIT(A); it would be said that the order of the Tribunal was cryptic and suffered from vice of non-application of mind and hence, the same was liable to be quashed.

Appeal (Tribunal) - Order of Tribunal - Validity - Tribunal did not assign any reasons worth naming for confirming the finding recorded by CIT (A)

AO made additions in respect of cash sales not accounted and in respect of peak negative cash balance. However, CIT (A) deleted said additions as made by the AO. Further, Tribunal upheld the decision of the CIT (A) on the ground that the CIT (A) had duly examined the said issues and had drawn due conclusion and the Revenue had not brought any material to assail such conclusion. Held: On perusal of the order passed by the Tribunal, it was evident that the Tribunal had not assigned any reasons worth naming for confirming the finding recorded by the CIT (A). Since the order of the Tribunal was cryptic and suffered from vice of non-application of mind, the same was quashed and accordingly, the issues were remanded to the Tribunal to consider the same afresh by assigning reasons.

REFERRED :

FAVOUR : Matter remanded

A.Y. : 2003-04 & 2005-06



IN THE KARNATAKA HIGH COURT

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com