Tribunal held, that it is a settled position of law that a quasi-judicial authority should pass a speaking and reasoned order but in the present case, neither the Transfer Pricing Officer nor the Commissioner (Appeals) had passed a speaking and reasoned order in the light of the direction of the Tribunal in the first round. Hence the order of the Commissioner (Appeals) was liable to be set aside and the matter remanded to the Assessing Officer/Transfer Pricing Officer for a fresh decision by way of a speaking and reasoned order on all the issues in accordance with the directions of the Tribunal in the earlier round of litigation. (AY.2009-10)
Dell International Services India Pvt. Ltd. v. JCIT (LTU) (2020)84 ITR 2 (SN) (Bang.)(Trib.)
S. 251 : Appeal-Commissioner (Appeals)-Duties-Non-speaking and cryptic order-Directed to pass reasoned and speaking order. [S. 254(1)]