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2015 (10) TMI 922 - AT - Income TaxComputation of long term capital gains in respect of transfer of the properties - non affecting the necessary adjustments and providing set off for available exemption as challenged by assessee - Held that:- CIT(A) has decided the appeal of the assessee briefly by passing a cryptic order without giving any observations, findings and basis of conclusion in the impugned order. We further observe that from the observations of the CIT(A) in para 3.3 of the order as reproduced hereinabove, it is apparent that the CIT(A) dismissed the appeal without even analyzing the issue or recording his specific findings on the issue raised in the grounds of appeal before him. A mere glance at the impugned order reveals that the order passed by the CIT(A) is cryptic and grossly violative of one of the facets of the rules of natural justice and every judicial/quasi-judicial body/authority must pass a well-reasoned order which should reflect not only application of mind by the concerned authority to the issue/points raised before it but also adjudication of the issues/grounds raised before it. The application of mind to the material facts and arguments should manifest itself in the order. As we have already observed that the impugned order suffers from lack of reasoning and is not a speaking order on the issue for which the impugned addition was made by the AO and the impugned order is not only cryptic but it is grossly violative of principles of natural justice. In view of foregoing discussion, specially when the CIT(A) has not passed a speaking order on the issue raised by the assessee in the appeal before him, we find it just and proper to set aside the order of the CIT(A) and restore the matter to his file for deciding the appeal afresh in accordance with law after allowing sufficient opportunity of being heard to both the parties - Decided in favour of assessee for statistical purposes.
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