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2020 (3) TMI 285 - HC - Income TaxValidity of Tribunals order - Unexplained cash credit - Tribunal justification in not recording any finding on the evidence that were placed before it - Whether the order passed by the Tribunal is cryptic and suffers from the vice of non application of mind and therefore, the matter deserves to be remitted? - HELD THAT:- Tribunal has merely recorded the conclusions and has not assigned the reasons. From perusal of the order passed by the tribunal, it is evident that the order is cryptic and suffers from the vice of non application of mind. The tribunal has neither considered the material placed by the assessee before the Commissioner of Income Tax (Appeals) nor has considered the material placed before it and in a cryptic and cavalier manner has dismissed the appeal preferred by the assessee. Therefore, in the fact situation of the case, we have no option but to remit the matter. Since, we have arrived at the conclusion that the instant case is a fit case for remand. Therefore, it is not necessary for us to answer the substantial question of law which have been framed in this appeal. In the result, the order passed by the tribunal dated 26.02.2010 as well as the order passed by the Commissioner of Income Tax (Appeals) dated 22.04.2004 are hereby quashed. The matter is remitted to the tribunal to decide the matter afresh
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