FRONTIER DISTRIBUTORS Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THESE appeals under Section 260a of the IT Act, 1961 ('act' for short), are filed against the common order dt. 2nd Sept. , 2004 passed by the Tribunal, Jabalpur Bench, in ITA No. 108/jbp/2001 and ITA No. 91/jbp/2001, respectively relating to asst. yr. 1994-95. The appeals have been admitted as the following common question of law arises for consideration in both the appeals : "whether the Tribunal was justified in reversing the order of the CIT (A) without assigning any reason ?"

(2.) THE two appeals before the Tribunal were filed by the Revenue against the orders dt. 5th Feb. , 2001 and 31st Jan. , 2001, of CIT (A), Jabalpur, cancelling the penalty levied under Section 271b of the Act.

(3.) ON going through the order of the Tribunal, we find that paras 1 to 7 refer to the facts. Paras 8 and 10 refer to the arguments of the Departmental Representative. Para 9 refers to the arguments of the assessee. Thereafter, the appeals have been allowed by paras 11 and 12 extracted below :