← All Phrases

“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

Xlri Alumuni Association, Jamshedpur vs. Income Tax Officer Exemption Ward, Jamshedpur

ITA 308/RAN/2024[NOT APPLICABLE]Status: DisposedITAT Ranchi27 Oct 2025

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.308/Ran/2024 Xlri Alumuni Association ….……………............................……….……Appellant Xlri Campus, C H Area East, Jamshedpur, Jharkhand – 831001. [Pan: Aaaax0042N] Vs. Ito (Exemption), Jamshedpur...…..….…..….........……........……...…..…..Respondent Appearances By: Shri Devesh Poddar, Ar & R. R. Mittal, Ar, Appeared On Behalf Of The Appellant. Shri Kumar Pranab, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 04, 2025 Date Of Pronouncing The Order : October 27, 2025 Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Of The Cit(Exemption), Patna [“Cit(Exemption)”] Dated 25.05.2024 Rejecting The Application In Form 10Ab For Registration U/S 12A Of The Income-Tax Act, 1961 (The “Act”). 2. Brief Facts Of The Case Are That The Assessee Filed An Application In Form No. 10Ab Seeking Regular Registration Under Clause (Iii) Of Sub- Section (1)(Ac) Of Section 12A, Read With Section 12Ab(1)(B) Of The Act. The Said Application Was Filed For Continuation Of Registration Previously Granted Under Section 12A(1)(Ac)(Vi), Vide Form 10Ac Dated 23.09.2021, For The Assessment Years 2022–23 To 2024–25. 3. During The Course Of Proceedings Under Section 12Ab, The Learned Cit (Exemption) Examined The Objects & Genuineness Of The Activities Of The Applicant Institution & To Verify Compliance With Statutory Requirements, Called Upon The Assessee To Furnish The Following Details: Note On Activities Undertaken During Financial Years 2020–21, 2021–22

Section 12ASection 12A(1)(ac)

12AB(1)(b) of the Act. The CIT (Exemption) shall examine the documents, activities, and objects of the assessee institution afresh and pass a reasoned order in accordance with law after affording adequate opportunity of being heard to the assessee. The assessee is directed to extend full cooperation

Primula Bhandari, Gangtok vs. DCIT, Circle 3(2), Gangtok

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1394/KOL/2025[2018-2019]Status: DisposedITAT Kolkata23 Oct 2025AY 2018-2019

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraआयकर अपील सं/Ita No.1394/Kol/2025 (नििाारण वर्ा / Assessment Year : 2018-2019) Primula Bhandari Vs Dcit, Circle-3(2), Kolkata C/O Subash Agarwal & Associates, 1, Gibson Lane, Suite 213, Kol-69. Pan No. :Ajvpb2150Q (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Smt. Parna Datta, Advocate राजस्व की ओर से /Revenue By : Shri Sanjib Kumar Paul, Sr. Dr सुिवाई की तारीख / Date Of Hearing : 22/10/2025 घोर्णा की तारीख/Date Of Pronouncement : 23/10/2025 आदेश / O R D E R Per Sonjoy Sarma, Jm : This Is An Appeal Filed By The Assessee Against The Order Of The Nfac Dated 06.05.2025 Passed U/S 250 Of The Income Tax Act, 1961 (‘Act’). 2. The Brief Facts Of The Case Are That The Assessee Did Not File The Return Of Income For The Relevant Assessment Year. The Assessing Officer Noticed Cash Deposits In The Bank Account Of The Assessee & Accordingly Reopened The Assessment Under Section 147 Of The Income-Tax Act, 1961.The Assessment Was Completed Under Sections 144/147, Determining The Total Income At ₹25,85,346/-, After Making An Addition Of ₹25,85,346/- Under Section 69A Of The Act On Account Of Unexplained Money.

For Appellant: Smt. Parna Datta, AdvocateFor Respondent: Shri Sanjib Kumar Paul, Sr. DR
Section 10Section 147Section 250Section 69A

Sikkim during the funeral of his father. The Assessing Officer shall afford adequate opportunity of being heard to the assessee and thereafter pass a reasoned order in accordance with law. 7. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court

Assistant Commissioner of Income Tax, Central Circle-2, Madurai vs. Transworld Garnet India Pvt Ltd., Chennai

ITA 1875/CHNY/2025[2015-16]Status: DisposedITAT Chennai23 Oct 2025AY 2015-16

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.:1872, 1873, 1875, 1877 & 1878/Chny/2025 निर्धारण वर्ष / Assessment Years: 2013-14, 2014-15, 2015-16, 2016-17 & 2017-18 Acit, Central Circle -2, Madurai. Vs. Transworld Garnet India Pvt. Ltd., 500, Pantheaon Road, Egmore S.O., Chennai - 600 008. [Pan: Aaact-3408-N] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/Appellant By : Shri. R.Venkata Raman, C.A. प्रत्यर्थी की ओर से/Respondent By : Shri. Shiva Srinivas, C.I.T. सुनवाई की तारीख /Date Of Hearing : 24.09.2025 घोषणा की तारीख/Date Of Pronouncement : 23.10.2025 आदेश /Order Per S. R. Raghunatha, Am : These Five Appeals Preferred By The Revenue Are Directed Against The Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-19, Chennai [Hereinafter Referred To As “The Id.Cit(A)”]. The Impugned Orders Of The Id.Cit(A) Arise Out Of The Assessment Orders Framed By The Assistant Commissioner Of Income Tax, Central Circle-2, Madurai [Hereinafter Referred To As “The Ao”], In Respect Of The Assessment Years 2013-14 To 2017-18. The Particulars Of The Respective Appeals Filed By The Revenue Are Set Out Hereinbelow:- S. No

For Appellant: Shri. R.Venkata Raman, C.AFor Respondent: Shri. Shiva Srinivas, C.I.T
Section 132Section 132(4)Section 142(1)Section 143(2)Section 153ASection 40A(3)

placed reliance upon the specific and categorical finding recorded by the Id.CIT(A) in this regard. Thus, the Id.AR prayed for sustaining the well-reasoned order of the Id.CIT(A) and urged that the appeals preferred by the Revenue be dismissed. 73. At the outset, we note that ... called for in the assessee's case. 84. In view of the foregoing discussion, we find ourselves in complete agreement with the well-reasoned order of the Id.CIT(A), who has rightly deleted the disallowance of Rs.12,92,74,800/- for A.Y.2016-17 and Rs.2