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2020 (9) TMI 1139 - HC - Income TaxReopening of assessment u/s 147 - whether AO recorded any reason for the failure on the part of the assessee to disclose fully and truly all material facts? - HELD THAT:- Substantial portion deals with the statement of law as to how the re-assessment proceedings have to be done and as to how the Courts have interpreted the procedure to be followed by the AO while exercising the powers u/s 147 - Tribunal did not spell out as to how it came to the conclusion that the Assessing Officer did not record any failure on the part of the assessee to disclose fully and truly any material facts necessary for its assessment. Assessee as accepted notice for the respondent – assessee, on instructions, submits that substantial material was placed before the Tribunal and merely because the Tribunal had not recorded those submissions nor brought on record the materials, the assessee should not be put to prejudice. An order passed by a Court or a Tribunal should stand or fall based on the reasons contained in that order. The order cannot be substituted by reasons at the appellate stage when the same did not find place in the original order. This legal principle has been well explained in the celebrated judgment in the case of Mohinder Singh Gill Vs. Chief Election Commissioner [1977 (12) TMI 138 - SUPREME COURT] We would not be justified in making any observations on the merits of the matter as to whether the reasons have been recorded or not. All that we can say is that the assessment order as well as the order passed by the CIT(A) are speaking orders. If the Tribunal comes to the conclusion that the Assessing Officer has not recorded any failure on the part of the assessee to disclose fully and truly any material facts necessary for its assessment, it is required that the Tribunal expresses itself as to how it formed such a opinion. In the absence of any such reasons emanating from the impugned order, we have to necessarily hold that the impugned order passed by the Tribunal is devoid of reasons and would call for interference. For all the above reasons, we are inclined to interfere with the impugned order. As mentioned earlier, we do not want to express anything on the merits of the matter as it may prejudice the interest of the assessee. Tax case appeal is allowed, the impugned order is set aside and the matter is remanded to the Tribunal for a fresh consideration.
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