Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
The Appellate Tribunal held that an adjudicating authority cannot sustain directions issued in a cryptic order that merely reproduces rival submissions without findings on facts or law. Because the impugned order gave no reasons for allowing the application and did not show judicial application of mind, it was treated as a non-speaking order incapable of legal sustenance. The order was set aside and the matter remanded for fresh consideration, with directions to hear both parties and pass a reasoned decision in accordance with law.
The Appellate Tribunal held that an adjudicating authority cannot sustain directions issued in a cryptic order that merely reproduces rival submissions without findings on facts or law. Because the impugned order gave no reasons for allowing the application and did not show judicial application of mind, it was treated as a non-speaking order incapable of legal sustenance. The order was set aside and the matter remanded for fresh consideration, with directions to hear both parties and pass a reasoned decision in accordance with law.
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