Non speaking order set aside
By J the App
Executive Summary
This ruling reinforces a foundational appellate principle, orders must be reasoned, complete, and responsive to all grounds raised.
The Tribunal found that the CIT(A) failed to address a jurisdictional challenge regarding non-service of notice under Section 143(2) and issued a cursory order lacking reasoning. By invoking the mandate of Section 250(6), it held that such non-speaking orders are legally unsustainable.
The decision underscores that procedural fairness is not a formality but a substantive requirement, and any lapse therein vitiates the appellate process.
Tax Domain; Income Tax – Corporate Tax - Assessment Procedure / Appellate Jurisdiction
Case Details ; Income Tax Appellate Trib...
Read the full article in the app
This is a premium article. Download J the App to read the complete content.