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2012 (7) TMI 465 - AT - Income TaxJustification on levy of interest u/s 234B - CIT(A) deleted levy of interest - assessee's return declaring book profits in terms of provisions of section 115JB - Held that:- The CIT(A) without analyzing the facts of the case deleted levy of interest merely on the submissions of the assessee and did not analyse the facts of the case in the light of decision of the Hon’ble Supreme Court in the case of JCIT Vs. Rolta India Ltd.[2011 (1) TMI 5 (SC)] holding that section 115JA/115JB is a self contained code and all the companies were liable for payment of advance tax u/s 115JB and consequently, the provisions of section 234B and 234C were applicable in the event of default in the payment of advance tax. Section 250(6) 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 whereas a mere glance at the impugned order reveals that the order passed by the ld. CIT(A) is cryptic and grossly violative of one of the facets of the rules of natural justice that every judicial /quasi -judicial body/authority must pass a reasoned order, which should reflect application of mind by the concerned authority to the issues/points raised before it which was missing in the order - as the impugned order suffers from lack of reasoning and is not a speaking order the case is restored back to file of CIT(A) with the directions to readjudicate the issue - decided against assessee.
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