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    <title>2002 (4) TMI 33 - GUJARAT High Court</title>
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    <description>The dominant issue was whether the ITAT exceeded or misapplied its appellate jurisdiction by setting aside the CIT(A)&#039;s order without engaging with the reasons supporting that order. The HC held that an appellate adjudication must consider and deal with the reasoning of the lower appellate authority; since the ITAT recorded findings without addressing the CIT(A)&#039;s reproduced reasoning, its decision suffered from non-consideration of material reasons and could not be sustained. The impugned ITAT order was set aside and the matter was directed to be reconsidered on merits in accordance with law, resulting in the appeal being allowed.</description>
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    <pubDate>Mon, 29 Apr 2002 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=12489</link>
      <description>The dominant issue was whether the ITAT exceeded or misapplied its appellate jurisdiction by setting aside the CIT(A)&#039;s order without engaging with the reasons supporting that order. The HC held that an appellate adjudication must consider and deal with the reasoning of the lower appellate authority; since the ITAT recorded findings without addressing the CIT(A)&#039;s reproduced reasoning, its decision suffered from non-consideration of material reasons and could not be sustained. The impugned ITAT order was set aside and the matter was directed to be reconsidered on merits in accordance with law, resulting in the appeal being allowed.</description>
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