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2019 (5) TMI 778

and passed a non-speaking order by dismissing the appeal of the assessee by upholding the action of the AO. It is a settled law that even an administrative order has to be speaking one. In this regard, we draw support from M/S SAHARA INDIA (FIRM) , LUCKNOW VERSUS CIT, CENTRAL-I & ANR [2008 (4) TMI 4 - SUPREME COURT] wherein it has held that even “an administrative order has to be consist .....

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ated 20.3.2015 pertaining to assessment year 2007-08 to 2008-09. Since the issues involved in these appeals are common and identical, hence, the appeals were heard together and are being consolidated by this common order for the sake of convenience, by first dealing with Assessee s Appeal No. 4095/Del/2015 (AY 2007-08) and the result thereof will apply mutatis mutandis to other appeal No. 4096/Del .....

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(A), Appeals-13, New Delhi is erroneous, both in law and on the facts. 4. That the appellant craves leave to add, alter, modify withdraw, amend, substitute any ground(s) of appeal either before or at the time of hearing. 2. Facts narrated by the revenue authorities are not disputed by both the parties, hence, the same are not repeated here for the sake of convenience. 3. Ld. Counsel of the assesse .....

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ame afresh, after giving adequate opportunity of being heard and pass a speaking order. 4. On the other hand, Ld. DR relied upon the orders of the authorities below. 5. After hearing both the parties and perusing the impugned order, we find considerable cogency in the submissions of the assessee that Ld. CIT(A) did not deal the issue on merit and passed a non-speaking order by dismissing the appea .....

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ld be given adequate opportunity of being heard. However, the Assessee is directed through his counsel to appear before the Ld. CIT(A) on 10.07.2019 at 10.00 AM for hearing and to file all the evidences/documents etc. before him to substantiate its case and did not take any unnecessary adjournment in the proceedings. 6. In the result, both the Appeals filed by the Assessee stand allowed for statis .....

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