TaxTMI 
TaxTMI 
2013 (9) TMI 805
X X X X Extracts X X X X
X X X X Extracts X X X X
....as been preferred by the assessee under Section 260A of the Income Tax Act, 1961 (in short, "the Act") against the order dated 27.2.2008, Annexure P.1 passed by the Income Tax Appellate Tribunal, Armtisar Bench, Amritsar (in short, "the Tribunal") arising out of ITA No.91/ASR/2006 for the assessment year 2002-03. Both the appeals were admitted on 6.8.2009 to consider following substantial question of law:- "Whether on the facts and in the circumstances of the case, the Tribunal was legally correct in upholding the order of the Assessing Officer without adverting to the evidence and material brought on record by the assessee?" 3. Briefly, the facts necessary for adjudication of the controversy involved, as available on record, may be n....
X X X X Extracts X X X X
X X X X Extracts X X X X
....th a direction to decide the issue by recording a specific finding. Hence the present appeals by the assessee. 4. Learned counsel for the appellant submitted that the Tribunal while setting aside the order of CIT(A) and restoring the order passed by the Assessing Officer has recorded in its order dated 27.2.2008 that the additions made by the Assessing Officer were justified and the order of CIT(A) was unsustainable without considering and dealing with the material on record and without assigning any reasons. According to the learned counsel, the Tribunal was required to deal with all factual and legal issues involved and allowing of appeal of the revenue by the Tribunal was against the principles of natural justice. 5. Learned counse....
X X X X Extracts X X X X
X X X X Extracts X X X X
....cess of judicial review by superior Courts. h. The ongoing judicial trend in all countries committed to rule of law and constitutional governance is in favour of reasoned decisions based on relevant facts. This is virtually the life blood of judicial decision making justifying the principle that reason is the soul of justice. i. Judicial or even quasi-judicial opinions these days can be as different as the judges and authorities who deliver them. All these decisions serve one common purpose which is to demonstrate by reason that the relevant factors have been objectively considered. This is important for sustaining the litigants' faith in the justice delivery system. j. Insistence on reason is a requirement for both judicial accoun....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tually a part of "Due Process". 8. It would be apposite to refer to the order of the Tribunal dated 27.2.2008 which would show that the Tribunal has in para 11 thereof noticed the contentions of the parties and accepted the appeal of the revenue without giving any cogent and convincing reasons. It reads thus:- "11. In this regard, we find that the department correctly contends that the learned CIT(A) has failed to appreciate the detailed findings of fact recorded in the assessment order. Rather, the learned CIT(A) has not even considered these findings of the AO which are based on enquiries got conducted in the matter. The learned CIT(A) has merely brushed these findings aside as "irregularities". We find that these findings of the AO....