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2009 (4) TMI 135 - HC - Income TaxOrder of ITAT - AO rectified the order u/s 154 by addition of an amount of Rs. 1,27,45,138 received by the respondent-company on account of transport subsidy – CIT(A) and ITAT confirmed the addition and rectification – Held that - The Tribunal is a quasi-judicial body and is the last fact finding authority under the provisions of the Act - Even in a situation where the first appellate authority affirms the finding of the primary authority, a minimum reasoning has to be disclosed though in such cases an elaborate discussion of the various issues need not be recorded, as the same already exists in the order of the primary authority. In the present case when the order of the Commissioner (Appeals) itself was a highly cryptic order, the same could not have been affirmed by the learned Tribunal in the manner done – matter remanded to ITAT for de novo consideration.
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