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2016 (9) TMI 1665 - HC - Income TaxSpeed money Payments - Disallowance of wages - cash payment to gang leaders - allowable business expenditure or not? - Tribunal restricting addition to 1.6% in respect of an expenditure which is of such nature as covered by section 37(1) - HELD THAT:- Tribunal while deciding the appeal, has casually proceeded to sustain the order passed by the AO - None of the major points decided by the Appellate Commissioner are answered by the Tribunal while setting aside the order passed by the Appellate Commissioner. Though the order passed by the Tribunal runs to number of pages, the crux of the matter is not adverted to by the Tribunal while arriving at the conclusion. On careful perusal of the order passed by the Tribunal, we are of the opinion that the order of the Tribunal cannot be sustained inasmuch as the Tribunal has not applied its mind judiciously to the facts and circumstances of the case. In view of the same, interest of justice requires that the matter has to be re-dealt by the Income Tax Appellate Tribunal, Bangalore. By the said process, no prejudice would be caused to either of the parties. Accordingly order passed by the Income Tax Appellate Tribunal, stands set aside. The matter restored to the file of the Income Tax Appellate Tribunal, Bangalore Bench 'A' for fresh disposal in accordance with law.
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