ITAT duty-bound to deal with all judgements cited during hearing of appeal
The assessee filed an appeal against an addition for alleged bogus
purchases/sales which was dismissed by the Tribunal. The assessee filed
an appeal before the High Court claiming that he had relied on the
judgement in CIT vs. President Industries 258 ITR 654 in the verbal and
written submissions and that the Tribunal had
not considered it. HELD by
the High Court remanding the case to the Tribunal for fresh
consideration:
Whenever any decision has been relied upon and/or cited
by the assessee and/or any party, the authority/tribunal is bound to
consider and/or deal with the same and opine whether in the facts and
circumstances of the particular case, the same will be applicable or
not. In the instant case, the Tribunal has failed to consider and/or
deal with the aforesaid decision cited and relied upon by the assessee.
Under the circumstances, all these appeals are required to be remanded
to the Tribunal to consider the addition made by the AO towards alleged
bogus purchases/sales and to take appropriate decision in accordance
with law and on merits and after considering the decision of this Court
in the case of CIT vs. President Industries 258 ITR 654.
See also
Naresh K. Pahuja 224 CTR 284 (Bom),
Inventure Growth 324 ITR 319 (BOM) (
non cited judgements should not be referred to) &
Shivsagar Veg. Restaurant (Bom). Contrast with
Visvas Promoters 323 ITR 114 (Mad) &
Geofin Investment 30
taxmann.com 73. See also
Guidelines to Hon’ble Members of ITAT for drafting orders
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