2010 (1) TMI 796

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....nbsp; K.A. Puj:-   1. The Appellant has filed this Tax Appeal under Section 260A of the Income Tax Act for assessment year 2001-02, proposing to formulate the following substantial questions of law for determination and consideration of this Court:-   (i) Whether in the facts and circumstances of the case the Income Tax Appellate Tribunal was right in law in reversing the order ....

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....nt to the notice Mrs. Mauna M. Bhatt, the learned Standing Counsel filed her appearance on behalf of the Revenue.   Heard Ms. Niti Sheth, the learned Advocate appearing for Mrs. Swati Soparkar for the Appellant and Mr. M.R. Bhatt, the learned Standing Counsel appearing with Mrs. Mauna Bhatt, the learned standing Counsel for the Revenue.   Ms. Sheth has submitted that while disturbi....

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....eals), and while dealing with the said addition, the CIT (Appeals), has at length, discussed the entire issue and has given cogent reasons as to why such additions are not sustainable. Being aggrieved by the said order of the CIT (Appeals), the Revenue has filed an appeal before the Tribunal and the Tribunal while dealing with this issue simply observed in its order that on overall consideration o....

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....ot sustainable. If the Tribunal were not agreeable with the finding recorded by the CIT (Appeals), in that case, the Tribunal is supposed to deal with the finding recorded by the CIT (Appeals) and to give its own reasons as to why the said finding is not sustainable either on facts or in law. In absence of this exercise, the order passed by the Tribunal is not sustainable and hence the same is her....