TaxTMI 
TaxTMI 
2021 (11) TMI 1192
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....circumstances of the case, the ld. Commissioner of Income Tax (Appeals- II), Bhopal was not justified in holding that the payment of Income Tax of Rs. 2,16,50,650/- paid on deemed income u/s 11(3) for A.Y. 2013-14 should not be allowed as a deduction or application of the income of the current year (ASSESSMENT YEAR 2014-15) & is hence also wrong in upholding the following: a) Tax demand of Rs. 84,72,830/- b) Interest payable u/s 234A, 234B & 234C." 2. Learned counsel for the appellant raises singular ground that the impugned order of Income Tax Appellate Tribunal, Indore Bench is non speaking. 3. Learned counsel for the revenue on the other hand contends that the impugned order contains sufficient reasons to sustain the same. It is su....
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....ore the ITAT passed by the CIT(A). Lastly comes para 7, which has some semblance of disclosure of mind of the ITAT; but a bare perusal of the same reveals that the ITAT has stated that they have given thoughtful consideration to the findings of CIT(A), and thereafter without recording reasons as to why the appeal is being dismissed, the ITAT jumped to the conclusion that there is no infirmity in the order impugned before it. The only short and cryptic reason assigned is that the present case is not a case of change of accounting system, which is not sufficient to disclose the mind of the ITAT while deciding the appeal. 8. Reasons are the bridge between the facts, circumstances on one side and the conclusion on the other, in absence of whic....
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....s 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 accountability and transparency. (k). If a Judge or a quasi-judicial authority is not candid enough about his/her decision making process then it is impossible to know whether the person deciding is faithful to the doctrine of precedent or to principles of incrementalism. (l). Reasons in support of deci....