TMI Blog2005 (1) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... issue of addition of Rs. 45,000 only and only on the ground that the Sales Tax Department has imposed some penalty – Order passed by the Tribunal is set aside and the appeal filed by the appellant against the order of the Commissioner of Income-tax (Appeals) is remanded to the Tribunal for its fresh adjudication. - - - - - Dated:- 11-1-2005 - Judge(s) : G. S. SINGHVI., JASBIR SINGH. JUDGMENT The judgment of the court was delivered by G.S. Singhvi J.- In this appeal filed under section 260A of the Income-tax Act, 1961 (for short, "the 1961 Act"), the appellant has prayed for determination of the following substantial questions of law: "(i) Whether the order of the learned Income-tax Appellate Tribunal is sustainable in the eyes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 45,000 was imposed by the competent authority. On appeal, the Joint Excise and Taxation Commissioner, Hisar, reduced the amount of penalty from Rs. 45,000 to Rs. 11,250. He held that there was an excess stock of only 38 quintals for which a penalty of Rs. 11,250 was justified. The assessee did not challenge the appellate order passed under the 1973 Act apparently because a very small amount was involved. For the assessment year 1993-94, the Income-tax Officer, Ward I, Bhiwani (hereinafter described as "the Assessing Officer"), framed the assessment under section 143(1) of the 1961 Act. Later on, he initiated reassessment proceedings under section 143(2) of the 1961 Act and made addition of Rs. 1,59,150 by placing reliance on the orders pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f natural justice, namely, that every judicial and quasi-judicial authority/body must record reasons in support of its conclusion indicating the application of mind by the presiding officer to the points raised by the aggrieved party. A reading of the order of the Tribunal shows that after enumerating the grounds taken in the appeals filed by the Revenue and the assessee and the arguments of learned counsel, the learned Judicial Member of the Tribunal dismissed the assessee's appeal without assigning any reason whatsoever. As a matter of fact, learned counsel for the Revenue very fairly stated that the order passed by the Tribunal is totally laconic and he is not in a position to defend the same. For the reason mentioned above, the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
