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“reasoned order”

Natural JusticeReasoned OrderReasoned Order2,067 judgments

The decision most relied on for reasoned order is GKN Driveshafts (India) Ltd. v. ITO (259 ITR 19), cited in 1,349 judgments on BharatTax.

Leading authorities on reasoned order

GKN Driveshafts (India) Ltd. v. ITO
259 ITR 19 · 2003 · Supreme Court
1,349
citing judgments

When a notice under Section 148 of the Income Tax Act is issued, the Assessing Officer is bound to furnish reasons for reopening upon the assessee's request and must dispose of the assessee's objections to the notice by passing a speaking order.

ACIT v. Serajuddin & Co.
454 ITR 312 · 2023 · High Court
580
citing judgments

Approval under Section 153D of the Income Tax Act is mandatory for assessment orders in search cases. While elaborate reasons for approval are not required, the approving authority must provide some indication that it has examined the draft orders and found them to meet the requirements of law.

CIT v. Virgo Marketing (P) Ltd.
171 Taxmann 156 · 2008 · High Court
384
citing judgments

The assessment order must clearly specify the reason for initiating penalty proceedings under Section 271(1)(c) and explicitly state whether it is for concealment of income or furnishing inaccurate particulars. Failure to identify the specific limb under which penalty is initiated renders the penalty unsustainable.

V.M.Salgaocar & Bros.(P) Ltd. v. CIT
243 ITR 383 · 2000 · Supreme Court
189
citing judgments

An order by the Supreme Court dismissing a Special Leave Petition (SLP) at the threshold without detailed reasons does not constitute a declaration of law or a binding precedent. Such dismissal in limine offers no legal assistance.

Commissioner of Income-tax (Central) Nagpur v. Premkumar Arjundas Luthra (HUF)
69 Taxmann.com 407 · 2016 · High Court
159
citing judgments

The Commissioner (Appeals) cannot dismiss an appeal for non-prosecution; the law does not empower them to do so. The appeal must be decided on merits and in writing, stating points for determination, decision, and reasons.

CIT v. Nirma Chemical Works Ltd.
309 ITR 67 · 2009 · High Court
149
citing judgments

An assessment order is not erroneous or prejudicial under Section 263 merely because it is silent on a claim or lacks explicit reasons for its acceptance. Revision under Section 263 is impermissible if the Assessing Officer has taken a plausible view, even if the PCIT holds a different opinion.

PCIT v. Premkumar Arjundas Luthra
279 CTR 614 · High Court
132
citing judgments

The Commissioner of Income Tax (Appeals) is duty-bound to dispose of appeals on their merits, even when proceeding ex-parte. This requires framing points for determination, providing detailed reasoning for the decision, and affording the assessee a reasonable opportunity of being heard, as mandated by Section 250(6).

Home Finders Housing Ltd. v. Income-tax Officer Ward 2(3), Chennai
93 Taxmann.com 371 · 2018 · High Court
125
citing judgments

Failure by the Assessing Officer to supply reasons for reassessment or dispose of the assessee's objections, as required by the GKN Driveshafts procedure, is a procedural irregularity that does not render the reassessment order void. Such non-compliance can be cured by remitting the matter back to the Assessing Officer for proper adherence to the procedure.

Judgments citing reasoned order

Assistant Commissioner of Income Tax, Madurai vs. M/S Senthil Murugan Jewellers Private Limited, Madurai

In the result, appeal filed by the Revenue stands partly allowed for statistical purpose

ITA 1557/CHNY/2025[2017-18]Status: DisposedITAT Chennai17 Mar 2026AY 2017-18

Bench: Shri Aby T Varkey & Shri Inturi Rama Raoआयकर अपील सं. / Ita No.1557/Chny/2025 "नधा"रण वष" / Assessment Year: 2017-18 Assistant Commissioner Of Vs M/S.Senthil Murugan Jewellers Income Tax, Private Limited, Central Circle-1, Madurai. 106-108, South Avani Moola Street, Madurai – 625001 Pan: Aajcs8546F Appellant/ Revenue Respondent / Assessee Assessee By Mr. M.K.Rangasamy – Ca Revenue By Mr. S. Senthil Kumaran – Cit Date Of Hearing 26/02/2026 Date Of Pronouncement 17/03/2026 आदेश/ Order Per Inturi Rama Rao, Am : This Appeal Filed By The Revenue Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeal), Chennai-19 Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2017-18 Dated 20.03.2025. 2. The Revenue Raised The Following Grounds Of Appeal : “1. The Order Of The Learned Commissioner Of Income Tax (Appeals) Is Erroneous On Facts & In Law

Section 115JSection 143(3)Section 250

based on proper appreciation of facts of the claim made by the Assessee and the Law. The ld.CIT(A) had passed a speaking and reasoned order and requires no interference by this Tribunal. 9. We have heard both the parties and perused the material available on record. The issue