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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

Ashish Life Science P. Ltd., Mumbai vs. Asst. CIT-Circle-9(1)(2), Mumbai

In the result, the appeal filed by the assessee is hereby allowed

ITA 964/MUM/2021[2017-18]Status: DisposedITAT Mumbai26 Apr 2022AY 2017-18

Bench: Shri Amarjit Singh, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No. 964/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2017-18) Ashish Life Science Pvt. Ltd. बिधम/ Acit-Cir, 9(1)(2) 210, 2Nd Floor, Aayakar 213, Laxmi Plaza Industrial Vs. Estate, New Link Road, Bhavan, M. K. Road, Andheri, Mumbai-400053. Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcb4093N (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Dhaval Shah Revenue By: Shri K.P.R.R. Murty सुनवाई की तारीख / Date Of Hearing: 22/03/2022 घोषणा की तारीख /Date Of Pronouncement: 26/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 15.04.2021 Passed By The National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As The “(Nfac)”] In The Relevant A.Y.2017-18. 2. The Assessee Has Raised The Following Grounds: - “1. The Ld. Cit(A) Has Erred In Law & In Facts In Passing The Order U/S. 250 Of The Act Through National Faceless Appeal Center Which Is Bad In Law & Invalid. 2. The Ld. Cit(A) Has Erred In Law & In Facts Confirming The Assessment Order Passed U/S. 143(3) Of The Act Without. Considering The Written Submissions Filed By The Appellant. As Such, The Order Is

For Appellant: Shri Dhaval ShahFor Respondent: Shri K.P.R.R. Murty
Section 143(1)Section 143(2)Section 143(3)Section 250

respectfully follow the same. We thus in terms of our aforesaid observations are of the considered view that no infirmity emerges from the well-reasoned order of the CIT(A), who ITA. No.964/Mum/2021 A.Y. 2017-18 had rightly concluded that the product registration expenses were allowable as a revenue expenditure

Hubtown Ltd., Mumbai vs. Pr. CIT (Central)-4, Mumbai

ITA 696/MUM/2021[2015-16]Status: DisposedITAT Mumbai26 Apr 2022AY 2015-16

Bench: Shri Vikas Awasthy & Shri M.Balaganeshआअसं.696/मुं/2021(िन.व. 2015-16) Hubtown Limited, Cts No. 469A, Hubtown Seasons, 1, R.C. Marg, Chembur (East), Mumbai-400071. Pan: Aaaca6101D ...... अपीलाथ" /Appellant बनाम Vs. Pcit (Central), Room No. 663, 6Th Floor, Aayakar Bhavan, M.K. Road, Mumbai-400020. ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Sh. Vijay Mehta "ितवादी "ारा/Respondent By : Sh. Purushottam Tripuri, Cit-Dr सुनवाई की ितिथ/ Date Of Hearing : 01/02/2022 घोषणा की ितिथ/ Date Of Pronouncement : 26/04/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Principle Commissioner Of Income Tax (Central)-4, Mumbai [Hereinafter Referred To As ‘The Pcit’] Dated 30.03.2021 For Assessment Year (Ay) 2015-16 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’).

For Appellant: Sh. Vijay MehtaFor Respondent: Sh. Purushottam Tripuri, CIT-DR
Section 263Section 80I

reasons, we are of the view that the denial of deduction claimed u/s. 80-IB(10) of the Act was unwarranted and unjustified. The reasoned order of the CIT (A) deleting the disallowance is in order and it does not call for any interference. 18. In regard to the other