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2014 (5) TMI 662 - AT - Income TaxNon-speaking order - Enhancement of income u/s 251(2) of the Act – levy of penalty u/s 271(1)(c) of the Act - CIT was not properly briefed about the facts of the case, otherwise he would have not mentioned that assessee’s appeal was disposed of by the FAA - His order for rejecting the petition is not a speaking order – the order of the CIT-16 is silent about the opportunity given to the assessee, before an adverse view was taken against it. Even if he had heard the assessee the fact is not apparent from the order - the assessee has not been heard and the order of the CIT-16 is very short and cryptic - the guidelines issued in KEC International Limited. Versus BR. Balakrishnan And Others [2001 (3) TMI 32 - BOMBAY High Court] – the matter is required to be remitted back to the CIT to pass a speaking and reasoned order – Demand arising out of the order of the penalty order of the FAA, is stayed - Decided in favour of Assessee.
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