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TMI Blog2013 (10) TMI 780X X X X Extracts X X X X X X X X Extracts X X X X ..... essment order. However, the assessing officer called for all the necessary details in respect of carried forward losses and depreciation and satisfied himself. Therefore, on merit, according to the ld.representtive, the assessee has very good case. Referring to the assessment order for assessment year 2007-08, the ld.representtive submitted that the Administrative Commissioner observed that no appeal / rectification application was filed against the order dated 25-06-2007. This observation of the Administrative Commissioner is not correct. According to the ld. representative, the assessee has filed an appeal against the order dated 25-06-2007. Therefore, the observation of the Administrative Commissioner is not correct. We heard Shri M Anil Kumar, the ld.DR also. 3. We have considered the rival submissions on either side and also perused the material available on record. Admittedly, the issue with regard to carried forward losses and depreciation was not discussed by the assessing officer in the assessment orders. In fact the application of mind by the assessing officer to the issue of carried forward losses and depreciation is not reflected in the assessment order. The only conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Courts under article 227 of the Constitution and that the reasons, if recorded, would enable this court or the High Courts to effectively exercise the appellate or supervisory power. But this is not the sole consideration. The other considerations which have also weighed with the court in taking this view are that the requirement of recording reasons would (i) guarantee consideration by the authority; (ii) introduce clarity in the decisions; and (iii) minimize chances of arbitrariness in decision making. In this regard a distinction has been drawn between ordinary courts of law and tribunals and authorities exercising judicial functions on the ground that a judge is trained to look at things objectively uninfluenced by considerations of policy or expediency whereas an executive officer generally looks at things from the stand point of policy and expediency. Reasons, when recorded by an administrative authority in an order passed by it while exercising quasi-judicial functions, would no doubt facilitate the exercise of its jurisdiction by the appellate or supervisory authority. But the other considerations, referred to above, which have also weighed with this court in holding that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extraneous or irrelevant considerations and excludes or, at any rate, minimizes arbitrariness in the decision-making process. Another reason which compels making of such an order is based on the power of judicial review which is possessed by the High Court under article 226 and the Supreme court under article 32 of the Constitution. These courts have the power under the said provisions to quash by certiorari a quasi-judicial order made by an administrative officer and this power of review can be effectively exercised only if the order is a speaking order. In the absence of any reasons in support of the order, the said courts cannot examine the correctness of the order under review. The High Court and the Supreme Court would be powerless to interfere so as to keep the administrative officer within the limits of the law. The result would be that the power of judicial review would be stultified and no redress being available to the citizen, there would be insidious encouragement to arbitrariness and caprice. If this requirement is insisted upon, then, they will be subject to judicial scrutiny and correction." If the order passed by the Tribunal is scrutinized in the light of the af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he materials, if any, already placed by the assessee, and pass a reasoned order." 6. We also find that the Allahabad High Court in a recent unreported judgment expressed its shock and anguish the way in which the assessment orders and the revisional orders are being passed. In fact, the assessee, M/s Fateh Chand Charitable Trust in Writ Tax No.1629 of 2010 (judgment dated 27-05-2013) before the Allahabad High Court received donation of Rs.5.23 crores. The assessing officer accepted the same without any enquiry and reasoning in the assessment order. The Commissioner of Income-tax initiated proceedings to cancel the registration u/s 12A of the Act. However, it was dropped without recording any reason. Subsequently, the case was reopened and notice was issued u/s 147 of the Act. The assessee challenged the notice issued for reopening the assessment by way of writ petition. While considering the wit petition, the Allahabad High Court expressed its shock and anguish on the way in which the orders are being passed by the income-tax authorities. In fact, the Allahabad High Court has observed as follows: " The income tax authorities are required to administer the Act. The right to admini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Income Tax, Muzaffarnagar who passed the order dated 25.1.2008 have abdicated their duties. The Court in the exercise of supervisory jurisdiction under Articles 226 and 227 of the Constitution of India cannot be a mute spectator. Such actions on the part of the department not only bring disrepute to the department but also encourage the dishonest assessees and promotes the nefarious activities which not only causes loss to revenue but also promotes dishonesty. An honest tax payer feels cheated. Let the matter be examined by the Chief Commissioner of Income Tax and appropriate departmental proceedings may be taken out against the erring officials. A copy of this judgment may also be sent to the Chairman of the Central Board of Direct Taxes for an appropriate action." 7. In this case also, the assessing officer has not applied his mind to the issue raised by the assessee; therefore, the non application of mind to the issue raised by the assessee with regard to carried forward losses and depreciation is an error within the meaning of section 263 of the Act. Hence, we do not find any error in the orders of the Administrative Commissioner. Accordingly, we confirm his order. 8. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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