TaxTMI 
TaxTMI 
2024 (12) TMI 823
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....nsel representing on behalf of Sri Polkampally Pavan Kumar Rao, learned counsel for the petitioner and Sri P.Murali Krishna, learned Senior Standing Counsel for Income Tax for respondent Nos. 2 to 4. 2. This petition filed under Article 226 of the Constitution takes exception to the assessment order dated 19.03.2024. 3. Briefly stated, the facts are that the petitioner was served with a show cause notice dated 29.02.2024. The petitioner filed reply on 14.03.2024 along with certain documents. The documents filed with I.A.No.2 of 2024 were duly loaded in the portal of the Department which is evident from the photocopy of the said portal. 4. Learned counsel for the petitioner, by taking this Court to the findings given in the assessme....
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....outed" word to use in this context. Without the Credits in his account, how he will invest/ Give Loan to anybody, Credit in the accounts mean it Was Routing?. You can ask for source of Credit, but don't blame as it was routed money. Any way Mr. Anant Reddy Taken Loan from Sri Krishna Uppaluri, His Confirmation Letter, Bank Statement and IT Copy Enclosed for your information. 4. Mrs. Yashoda Nooka ratnam. Given Rs. 25,00,000/- Her Confirmation Letter & Bank Statement was enclosed in My Earlier Reply. However once again I am attaching the same. 5. G. Muralidhar Reddy has given Rs. 1,56,35,500/- as Unsecured Loan. In Your Letter You Mentioned that his Income is Only Rs. 8,86,160/- so creditworthiness not proved. ....
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....y. The petitioner's reply was not discarded on the ground that it was not filed in time. This additional defence taken in the counter cannot improve the reason given in the impugned order. 9. The validity of an order of a statutory authority is to be seen on the basis of reasons assigned therein and it cannot be justified on the basis of additional reasons given in the counter. Curtains are drawn on this aspect by Constitution Bench of the Supreme Court way back in Mohinder Singh Gill v. Chief Election Commr., New Delhi (1978) 1 SCC 405 and the relevant portion reads as under: "8. The second equally relevant matter is that when a statutory functionary makes an order based on certain grounds, its validity must be judged by the re....
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....nfirmation letter of Yasoda Nookaratnam, bank statement but failed to provide ITR of Yasoda Nookaratnam. Assessee provided Sri Krishna Uppaluri confirmation letter but failed to provide but failed to prove their creditworthiness." 11. A careful reading of the highlighted portion shows that on the one hand, the proper officer opined that no reply has been furnished and on the other hand, considered the reply. The consideration is also cryptic. We find substance in the argument of the learned counsel for the petitioner that the reply and the documents filed therewith were not considered in proper perspective. There is no application of mind on the bank's confirmation letter and bank statement of Yashoda Nookaratnam. Thus, reasons have not ....
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.... and constitutional governance is in favour of reasoned decisions based on relevant facts. This is virtually the lifeblood 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....