TMI Blog2002 (4) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal should consider the matter on the merits in accordance with law. This appeal is accordingly allowed and the impugned order of the Tribunal is set aside - - - - - Dated:- 29-4-2002 - Judge(s) : R. K. ABICHANDANI., KUNDAN SINGH. JUDGMENT The judgment of the court was delivered by R.K. ABICHANDANI J.-Admit. The following question of law is formulated. Has the Tribunal committed an error in exercise of its jurisdiction in setting aside the appellate order of the Commissioner of Income-tax (Appeals) without taking into consideration the reasons for which that order was made? At the request of learned counsel appearing for both the sides, since the matter involves a short point, it has been taken up for final disposal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght to the notice of the appellate authority pointing out that as per that valuation report, the cost of construction of Garden Avenue Apartments, came to Rs.68,12,280 against the cost of Rs.63,87,693 recorded in the books of account leaving out an amount of Rs.4,24,587. It was submitted before the appellate authority that this difference was because of the fact that the appellant had understated the cost of construction to that extent in the books of account showing that an amount of Rs.3 lakhs was invested in the construction of Garden Avenue Apartments. It was, therefore, argued that the Assessing Officer was not justified in disallowing the cost of construction to the extent of Rs.3 lakhs. The Commissioner of Income-tax (Appeals) consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion. As held by the Supreme Court in Omar Salay Mohamed Sait v. CIT [1959] 37 ITR 151, it is necessary that every fact for and against the assessee must have been considered with due care by the Tribunal and it must have given its finding in a manner which would clearly indicate what were the questions which arose for determination, what was the evidence pro and contra in regard to each one of them and what were the findings reached on the evidence on record before it. This court in Rajesh Babubhai Damania v. CIT [2001] 251 ITR 541 observed that it was the duty of the Tribunal to ascertain the reasons which were given by the Commissioner of Income-tax (Appeals) in whose order, the order of the Assessing Officer had merged. Since the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X
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