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2012 (10) TMI 672 - AT - Income TaxUndisclosed capital gain, unexplained agricultural income and income from other sources - appeal heard ex parte - Held that:- The impugned order deserves to be set aside as the same is not in conformity with the requirements of the provisions of law as the conclusion in upholding the assessment order is not supported by any reasoning. Recording of reasons is a part of fair procedure as reasons are the harbinger between the mind of the maker of the decision in the controversy and the decision or conclusion arrived at. Statute mandatorily required that the CIT(A) while deciding the appeal to set out the issues for determination and the decision thereon along with reasons for the decision is missing in the impugned order - restore the issue back to the file of the CIT(A) with the direction to decide the appeal by way of a speaking order - in favour of assessee for statistical purposes.
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