PCIT v. GMR Sports Pvt Ltd ( 2021 ) 201 DTR 1 / 322 CTR 590 ( Karn)(HC)

S. 254(1) : Appellate Tribunal – Duties- Depreciation – Total franchisee- Accrual basis – Cryptic order -Non application of mind – Order set aside and remanded to the Tribunal for fresh consideration .[ S. 32 , 43 , 43(5) 43B , 260A]

Allowing the appeal of the revenue the Tribunal held that the Tribunal has neither taken note of the relevant statutory provisions nor has assigned any reasons  as to how the order of Chennai Bench is applicable to the facts of the case. The order passed by the Tribunal is bereft of any reasonings and suffers from the vice -of non application of mind. The Tribunal  which is a final fact finding authority has to assign reasons in support of decision . The order is cryptic and cannot be sustained in the eye of law . The order was quashed and matter was remanded to the Tribunal for fresh consideration to decide the matter on merits by a speaking order.  (AY. 2009- 10 )

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