2009 (4) TMI 135

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....e for the respondent. JUDGMENT The judgment of the court was delivered by RANJAN GOGOI J., - This appeal under section 260A of the Income-tax Act, 1961 (hereinafter referred to as the Act), is directed against the order dated September 7, 2005, passed by the Income-tax Appellate Tribunal, Gauhati Bench, Guwahati. By the aforesaid order the learned Tribunal has affirmed the earlier order d....

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....arose is whether transport subsidy received by the respondent-company was in the nature of a capital subsidy or a revenue receipt so as to determine the liability of the said amount to suffer tax. The learned Commissioner (Appeals), after reciting the rival contentions, disposed of the appeal by a cryptic order dated November 21, 2003, which is to the following effect: "Accordingly, accept the ....

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....gard to the conclusions recorded by the learned Tribunal in paragraphs 9 and 10 of the order dated September 7, 2005, the following additional substantial question of law does arise in the present case: "Whether the order dated September 7, 2005, passed by the learned Tribunal without disclosing any reasons for the conclusion reached, is a valid order in the eye of law ?" 6. The Tribunal is ....

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....e learned Tribunal does not satisfy even the bare necessities of an order of a quasi authority. 7. An argument has been advanced by Dr. A. K. Saraf, learned counsel for the respondent that as the learned Tribunal had merely affirmed the order of the first appellate authority, the learned Tribunal was not required to give any reason(s). We do not agree with the aforesaid argument. Even in a situ....