2005 (1) TMI 90

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....-appellant from the order dated August 11, 2003, made by the Income-tax Appellate Tribunal, Ahmedabad Bench "SMC" in Income-tax Appellate Tribunal No. 1109/Ahd/2001 for the assessment year 1997-98. The assessee has proposed the following four questions: "(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in confirming the rejection....

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.... a view of the facts and evidence on record it could reasonably be arrived at?" Heard Mr. Samir N. Divatia, the learned advocate for the appellant. Admit. The following substantial question of law arises from the impugned order of the Tribunal: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in confirming the rejection of boo....

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....d. The Tribunal further records in paragraph No.3 that the Departmental Representative supported the orders of the Commissioner of Income-tax (Appeals) and the Assessing Officer. The Tribunal disposes of the appeal with the following observations in paragraph No.4: "4. I have heard the parties and considered their rival submissions. There is no evidence or material to support the assessee's ....

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....llustrative example. The Tribunal has failed to record as to what were the issues which arose for consideration and the reasons which weighed with the Tribunal in rejecting the contentions raised on behalf of the appellant. Prima facie, the finding of the Tribunal that "there is no evidence or material to support the assessee's contentions" does not appear to be correct in the light of the pape....