2005 (1) TMI 25

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.... of the case in view of section 80M of the Act, collection charges can be artificially and notionally attributed for determining the net dividend income? 2. Whether in the facts and circumstances of the case, the allowance claimed by the appellant under section 32AB of the Act be modified each time the assessment takes place? OR Whether in the facts and circumstances of the case, modification of the deposit and the deduction claimed by the assessee thereon under section 32AB of the Act vis-a-vis the income in the head "Profits and gains" from business and profession could be done, when audited Balance sheets are filed and returns are based on them?" 2. Heard Shri R.T. Thanevala, learned counsel for the assessee and Shri R.L. Jai....

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....he assessee. Since we have already taken a particular view on identical issue in earlier years, we find no reason to take a different view in the instant case. We, therefore, decide this issue against the assessee." 5. We have purposefully quoted in extenso and in verbatim the manner a in which both the aforementioned questions came to be "judicially decided" by the Tribunal. We are at a loss to know as to what the Tribunal actually decided in this case. We can only know the conclusion of their decision "against an assessee" but not the reasons for coming to such conclusion. Reasons are not there because they are somewhere else. In such situation, how do we know those reasons for examining them on merits as an Appellate Court as to wheth....

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.... but would have read it from the legal journals. 7. We are indeed constrained to make the aforementioned observations which we do it with rather reluctance. It is not for the High Court to remind the Tribunal as to how and in what manner the orders are required to be passed because Tribunal is presided over by matured experienced and well versed members in the subject. We, however, cannot countenance the casual approach of the Tribunal in deciding the issue sought to be urged by the parties thereby leaving them as also the High Court in total darkness to find out what could be the reasoning of the learned Members of the Tribunal while coming to the impugned conclusion. 8. Be that as it may, we have two options open in such eventuality....