TaxTMI 
TaxTMI 
2015 (2) TMI 714
X X X X Extracts X X X X
X X X X Extracts X X X X
....tion 119(2)(b) of the Income-tax Act, 1961 (in short, "the Act"). Direction has also been sought to respondent No. 2 to decide the application annexure P.5 on the merits and in the alternative, prayer for condoning the delay in filing the return has been made. 2. A few facts relevant for the decision of the controversy as narrated in the petition may be noticed. The petitioner was a Hindu undivided family (HUF) duly registered with the Income-tax Department. The Hindu undivided family was the proprietor of M/s. BKD Enterprises, Amritsar. After the death of Sari Bal Kishan Dhawan, Kapil Dhawan became the karta of the Hindu undivided family. The petitioner started a new industrial undertaking at Daman. The unit was set up in the assessment....
X X X X Extracts X X X X
X X X X Extracts X X X X
...., annexure P-5 before the Board for condonation of delay. The said application was rejected by the Board, vide order dated July 27, 2009, annexure P.6. The Commissioner of Income-tax (Appeals), vide order dated March 7, 2011, annexure P.7 rejected the appeal holding that since the return had been filed late hence because of non-compliance with section 80AC of the Act the deduction had been rightly rejected. The assessee filed further appeal before the Tribunal. Vide order dated December 16, 2011, annexure P8, the Tribunal dismissed the appeal. Hence, the present petition by the petitioner-assessee. 3. Learned counsel for the petitioner submitted that the petitioner had submitted an application seeking condonation of delay in filing the r....
X X X X Extracts X X X X
X X X X Extracts X X X X
....easons is meant to serve the wider principle of justice that justice must not only be done it must also appear to be done as well. (d) Recording of reasons also operates as a valid restraint on any possible arbitrary exercise of judicial and quasi-judicial or even administrative power. (e) Reasons reassure that discretion has been exercised by the decision maker on relevant grounds and by disregarding extraneous considerations. (f) Reasons have virtually become as indispensable a component of a decision making process as observing the principles of natural justice by judicial, quasi-judicial and even by administrative bodies. (g) Reasons facilitate the process of judicial review by superior courts. (h) The ongoing judicial tr....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ce the requirement to record reasons emanates from the broad doctrine of fairness in decision making, the said requirement is now virtually a component of human rights and was considered part of Strasbourg Jurisprudence. See Ruiz Torija v. Spain (1994) 19 EHRR 553, at 562 para 29 and Anya v. University of Oxford, 2001 EWCA Civ 405, wherein the Court referred to article 6 of the European Convention of Human Rights which requires, 'adequate and intelligent reasons must be given for judicial deci sions.' (o) In all common law jurisdictions judgments play a vital role in setting up precedents for the future. Therefore, for development of law, requirement of giving reasons for the decision is of the essence and is virtually a part ....