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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

Anilkumar Gopinathannair, Palakkad vs. ITO Ward 1, Tps, Palakkad

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 519/COCH/2025[2017-18]Status: DisposedITAT Cochin11 Aug 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2017-18 Anilkumar Gopinathan Nair .......... Appellant Sree Lakshmi, Hill View Nagar, Kanjikode Palakkad 678621 [Pan: Aiapg3415B] Vs. The Income Tax Officer, Wd-1 & Tps, Palakkad.......... Respondent Assessee By: Shri Padmanathan K.V. Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 06.08.2025 Date Of Pronouncement: 11.08.2025 O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 20.06.2025 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Appellant Is An Individual Engaged In The Business Of Wholesale Distributor Of Fly Ash To Different Cement Manufacturing Companies. The Return Of Income For Ay 2017-18 Was Filed On 28.01.12018 Declaring Income Of Rs. 10,63,34070/-. Against The Said Return Of Income, The Assessment Was Completed By The Ito, Ward-1 & Tps, Palakkad (Hereinafter Called "The Ao") Vide Order Dated 21.12.2019 Passed U/S. 143(1) Of 2 Anilkumar Gopinathan Nair The Income Tax Act, 1961 (The Act) Accepting The Returned Income. Subsequently, The Case Was Selected For Scrutiny By Issuing Notices U/S. 143(2) Of The Act On 05.08.2019 & 05.09.2019. On Verification It Was Found That The Appellant Made Cash Deposit Of Rs. 64,39,500/- Into The Bank Account Out Of Which A Sum Of Rs. 63,83,000/- Was Made In Specified Bank Notes (Sbn) During Demonetisation Period. Accordingly, The Ao Came To A Finding That The Appellant Could Deposit Only Rs. 32,25,000/- & The Balance Of Rs. 32,14,500/- Was Treated As Unexplained Deposit & Was Assessed To Tax U/S. 115Bbe Of The Act.

For Appellant: Shri Padmanathan K.VFor Respondent: Smt. Leena Lal, Sr. D.R
Section 115BSection 143(1)Section 143(2)

made out of cash sales and opening balance as on 11.11.2016. 6. The learned Sr. DR submits that the CIT(A) had passed a reasoned order after making considering the explanations of the appellant. Therefore, no interference is called for by this Tribunal. 3 Anilkumar Gopinathan Nair 7. I heard

Divakarapanicker Rajaniprabha, Ernakulam vs. ACIT, Circle-1, Aluva

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 518/COCH/2025[2017-18]Status: DisposedITAT Cochin11 Aug 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2017-18 Divakarapanicker Rajaniprabha .......... Appellant Rajaniprabha Kedarm House, Mill House Road, Perumbavoor 683542 [Pan: Abhpr5806R] Vs. Asst. Commissioner Of Income Tax, Circle-1, Aluva....... Respondent Assessee By: ------- None ------- Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 06.08.2025 Date Of Pronouncement: 11.08.2025 O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-3, Chennai [Cit(A)] Dated 30.05.2025 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Appellant Is An Individual Engaged In The Business Of Trading In Textiles. The Return Of Income For Ay 2017-18 Was Filed On 29.10.12017 Declaring Income Of Rs. 12,82,070/-. Against The Said Return Of Income, The Assessment Was Completed By The Acit, Circle-1, Aluva (Hereinafter Called "The Ao") Vide Order Dated 21.12.2019 Passed U/S. 143(3) Of The Income Tax Act, 1961 (The Act) At A Total Income Of Rs. 21,67,070/-. While

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)

dispose of the appeal after hearing the learned Sr. DR. 6. The learned Sr. DR submits that the CIT(A) had passed a reasoned order after making analysis of the financial data of the preceding years. The sale figures shown for FY 2016-17 are not in line with

Income Tax Officer, Kurukshetra vs. Jasvir Singh, Village Diwana Tehsil Pehowa

In the result, appeal of the Revenue is dismissed

ITA 665/CHANDI/2023[2013-14]Status: DisposedITAT Chandigarh11 Aug 2025AY 2013-14

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 665/Chd/2023 "नधा"रण वष" / Assessment Year : 2013-14 Ito, Jasvir Singh, Kurukshetra बनाम Village Diwana Tehsil Pehowa, Vs. Distt. Kurukshetra 136128 "थायी लेखा सं./Pan No: Cnqps4895G अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Sh. Parikshit Aggarwal, Ca राज"व क" ओर से/ Revenue By : Shri Manav Bansal, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 26.06.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 11.08.2025 आदेश/Order Per Krinwant Sahay, Am: Appeal In This Case Has Been Filed By The Revenue Against The Order Dated 12.09.2023 Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi.

For Appellant: Sh. Parikshit Aggarwal, CAFor Respondent: Shri Manav Bansal, CIT DR
Section 40A(3)

followed” 6. Per contra, the ld. DR argued vehemently that the order of the Ld. CIT(A) is not a reasoned order. 7. We have considered the findings given by the AO in the assessment order and by the Ld. CIT(A) in the appellate order as well ... appellate order, we find that the order of the CIT(A) on this issue is a well-reasoned order and, therefore, we do not find any reason to make any interference in it. Accordingly, Revenue’s appeal on this issue is dismissed. 8. In the result, appeal of the Revenue