TaxTMI 
TaxTMI 
2021 (11) TMI 1192
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.... grounds:- "1. On the facts and in the 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 impugn....
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.... findings but in actuality the said para merely reproduces the order impugned before 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 f....
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....r of reasoned decisions based on relevant facts. This is virtually the life blood of judicial decision making justifying the principle that reason is 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....
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.... anvil of law laid down by the Apex Court and the principles of natural justice, this Court has no hesitation to hold that the impugned order passed by the Income Tax Appellate Tribunal, Indore Bench in ITA No.164/Ind/2018 is non-speaking. 11. Before parting, it would be appropriate to mention that though the jurisdiction of ITAT u/S.253 to 255 is not only to decide the questions of law but also of fact and therefore, the scope of interference is much larger than the scope before a revisional authority. Thus, the least that is expected of an appellate judicial authority vested with such wide powers is to record reasons so that it's mind is disclosed thereby informing the aggrieved person the exact reasons behind the conclusion and thus i....