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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

Income Tax Officer, Ward 32(1), Kolkata vs. Satish Singh, Kolkata

In the result, appeal of the revenue is dismissed

ITA 449/KOL/2025[2018-19]Status: DisposedITAT Kolkata23 Dec 2025AY 2018-19

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.449/Kol/2025 (निर्धारणवर्ा/Assessment Years :2018-2019) Ito, Ward-32(1), Kolkata Vs Satish Singh, 5B/H/6, Shibtala Lane, Kolkata-700071 Pan No. :Dswps 6446 B (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) रधजस्वकीओरसे /Revenue By : Shri Sandip Sarkar, Jcit, Sr.Dr निर्धाररतीकीओरसे /Assessee By : Shri Somnath Ghosh, Advocate सुनवाई की तारीख / Date Of Hearing : 09/12/2025 घोषणा की तारीख/Date Of Pronouncement : 23.12.2025 आदेश / O R D E R Per Rajesh Kumar, Am: This Is An Appeal Filed By The Revenue Against The Order Passed By The Ld. National Faceless Appeal Centre (Nfac), Delhi, Dated 01.01.2025For The Assessment Year2018-2019. 2. The Issue Raised In The Appeal Of Revenue Is Against The Order Of Ld. Cit(A) In Admitting The Additional Evidence Without Allowing Reasonable Opportunity To The Assessing Officer As Per Provisions Of Rule 46A Of It Rules, 1962 & Second Issue Is Against The Deletion Of Addition Of Rs.2,75,17,500/- As Made By The Ao U/S.40A(3) Of The Act In Respect Of Commission & Salary Paid By The Assessee During The Year. 3. Facts In Brief Are That The Assessee Is An Individual & Filed His Return Of Income For The A.Y. 2018-19 Declaring Total Income Of Rs. 16,36,550/-On 11/06/2019, The Return Of Income Was Processed U/S 143(1) Of The Act On 25.10.2019. Subsequently, Return Of The Assessee

For Appellant: Shri Somnath Ghosh, AdvocateFor Respondent: Shri Sandip Sarkar, JCIT, Sr.DR
Section 143(1)Section 40A(3)

disallowance to the extent of 20% would be deleted. Considering these facts on record, the order passed by the ld.CIT(A) is a very reasoned order and does not require any interference and we uphold the same. 8. Moreover, on the issue of admission of additional evidence, ld.CIT