CIT v. Tara Ripu Dhamanpal Trust. (2018) 409 ITR 102 (P&H) (HC)

S. 254(1) : Appellate Tribunal – Duties- Reasoned speaking order which is the mandate as laid down by the Supreme Court in Kranti Associates Pvt Ltd v. Masood Ahmed Khan ( 2010) 9SCC 496 and Canara Bank v. V.K Awasthy (2005) SC 2090-Non speaking orders by Tribunal as well as Commissioner (E)- Natural justice is violated matter remitted to Commissioner (E) for fresh consideration.[S. 12AA]

Allowing the appeal of the revenue the Court held that, the order of the Tribunal was neither speaking nor gave any cogent reasons for grant of registration to the assessee under section 12AA. Neither the Commissioner (E) nor the Tribunal had passed a reasoned speaking order which was the mandate as laid down by the Supreme Court in Kranti Associates Pvt Ltd v. Masood Ahmed Khan (2010) 9SCC 496 and Canara Bank v. V.K  Awasthy (2005) SC 2090  The order passed by the Tribunal did not satisfy the requirements of being a reasoned order and was passed in violation of the principles of natural justice. The matter was remitted to the Commissioner (E) to pass a fresh speaking order after affording an opportunity of hearing to the assessee.