Sohan Raj Khanted Guvanthraj v. CIT (Appeals), NFAC, New Delhi (2024) 297 Taxman 143/337 CTR 978 /467 ITR 547 /236 DTR 281 (Mad.)(HC)

S. 250 : Appeal – Commissioner (Appeals) – Non-speaking order – Procedure Cash credits – Un secured loan from Magunta exports – Return showing nil income –Duty of CIT(A) – Duty to give reasons for order – Conclusions were in the nature of ipse dixit and no supporting reasons were discernible – Order of CIT(A) confirming the addition is set aside – Matter remanded to the file of the CIT(A). [ S. 68, 115BBE, 250, Art .226 ]

Assessing Officer made addition under section 68 in respect of loans received from  Magunta exports om the ground that lender has filed nil return . On appeal the CIT( A)  accepted all conclusions of Assessing Officer and rejected appeal . On writ the Court held that  since there was nothing to indicate that appellate authority independently applied its mind while drawing conclusions, impugned order was to be set aside and matter was to be remanded back to appellate authority for disposal afresh .  Court also held that the conclusions were in the nature of ipse dixit and no supporting reasons were discernible .   (AY. 2020-21)(SJ)

Leave a Reply

Your email address will not be published. Required fields are marked *

*