S.H.KAPADIA, SWATANTER KUMAR
Assistant Commissioner, Commercial Tax Department, Works Contract & Leasing, Kota – Appellant
Versus
Shukla & Brothers – Respondent
The Court's conclusion that reasons must be recorded in judicial orders and that the absence of reasons renders an order unsustainable is primarily articulated in paragraph (!) .
JUDGMENT
Swatanter Kumar, J. —
1.Delay condoned.
2.Leave granted.
3.The present appeal under Article 136 of the Constitution of India is directed against the Judgment dated 29th February, 2008 passed by the High Court of Judicature for Rajasthan Bench at Jaipur in S.B. Sales Tax Revision Petition No.92 of 2007, and in exercise of its power under Section 86 of Rajasthan Sales Tax Act 1994 (for short ‘the Act’). The impugned Order reads as under:-
“After having carefully gone through the material on record, since after due consideration proper discretion has already been used by the Deputy Commissioner (Appeals) as also Rajasthan Tax Board, in the facts and circumstances, no further interference is called for by this Court. The revision petition is dismissed accordingly as having no merits.”
4.The Learned Counsel appearing for the appellant, Assistant Commissioner of Income Tax has argued that Order passed by the High Court does not record any reasons for dismissing the Revision Petition preferred by the Department. According to the Learned Counsel, various contentions raised as grounds in the Revision Petition and two questions of law formulated by the Department for consideration in the
Gannon Dunkerley & Co. (Madras) Ltd. - State of Madras [AIR 1958 SC 560]
State of Rajasthan Vs. Man Industrial Corporation [(2003) 7 SCC 522]
S.N. Mukherjee v. Union of India [(1990) 4 SCC 594]
Gurdial Singh Fijji v. State of Punjab [(1979) 2 SCC 368
State of Maharashtra v. Vithal Rao Pritirao Chawan [(1981) 4 SCC129]
State of Uttaranchal v. Sunil Kumar Singh Negi [(2008) 11SCC 205]
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