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    <title>2023 (1) TMI 284 - CALCUTTA HIGH COURT</title>
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    <description>The dominant issue was whether the Tribunal, as the final fact-finding authority, discharged its duty to adjudicate the disputes (including the addition of unutilized MODVAT credit despite the assessee&#039;s claim of an ICAI-approved, consistently followed accounting method) by a reasoned order. The HC held the Tribunal&#039;s order was vitiated by non-application of mind and perversity, as it merely reproduced the CIT(A)&#039;s findings and directions verbatim, failed to record or address the parties&#039; submissions and grounds, and summarily affirmed the CIT(A). The Tribunal&#039;s refusal to rectify this on a miscellaneous application was also unsustainable. Consequently, both appeals were allowed, the Tribunal&#039;s order set aside, and the matters remanded for fresh consideration.</description>
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      <title>2023 (1) TMI 284 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=432537</link>
      <description>The dominant issue was whether the Tribunal, as the final fact-finding authority, discharged its duty to adjudicate the disputes (including the addition of unutilized MODVAT credit despite the assessee&#039;s claim of an ICAI-approved, consistently followed accounting method) by a reasoned order. The HC held the Tribunal&#039;s order was vitiated by non-application of mind and perversity, as it merely reproduced the CIT(A)&#039;s findings and directions verbatim, failed to record or address the parties&#039; submissions and grounds, and summarily affirmed the CIT(A). The Tribunal&#039;s refusal to rectify this on a miscellaneous application was also unsustainable. Consequently, both appeals were allowed, the Tribunal&#039;s order set aside, and the matters remanded for fresh consideration.</description>
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