2012 (11) TMI 410

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ting to the documents placed before it?" The brief facts are as follows:- The respondent-assessee is a dealer in iron and steel and they had reported a total taxable turnover of Rs. 10,92,88,434 and Rs. 8,50,421, respectively, in its monthly returns for the assessment year 1994-95. It also claimed exemption for difference of high sea sales during the months of September, 1994 and February, 1995. The said claim was rejected by the assessing officer and the matter went before the Appellate Assistant Commissioner (CT). Before the Appellate Assistant Commissioner, the assessee filed number of documents to show that the transaction was high sea sales entitling exemption. Having considered those materials, the Appellate Assistant Commission....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ion. For the said reason, the order of the Tribunal suffers from non-application of mind. The learned counsel appearing for the respondent would, however, submit that inasmuch as the documents which were produced before the Tribunal along with the review application have already been filed before the Appellate Assistant Commissioner and those documents were considered and accepted, there is nothing wrong in the Tribunal entertaining those documents in a review application when inadvertently the assessee failed to file those documents at the time when the appeal was heard and the earlier order was passed by the Tribunal. Insofar as the order of the Tribunal in the review application is concerned, the Tribunal had referred to those documen....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....held that the requirement of indicating reasons has been judicially recognised as imperative for the disposal of an appeal. In the said judgment, the apex court has also referred to the judgment of Lord Denning MR. in Breen v. Amalgamated Engg. Union [1971] 1 ALL ER 1148 (CA) wherein the court observed that "the giving of reasons is one of the fundamentals of good administration". That apart, the apex court has emphasized the giving of reasons in its earlier judgments in Jawahar Lal Singh v. Naresh Singh [1987] 2 SCC 222 and in Shri Swamiji of Shri Admar Mutt v. Commissioner, Hindu Religious and Charitable Endowments Department AIR 1980 SC 1, the apex court had also observed with approval the legal maxim "'Cessante Ratione Legis Cessat Ipsa....