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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

Sh. Rakesh Kumar Aggarwal, Jalandhar vs. The Deputy Commissioner of Income Tax, Jalandhar

The appeal stand partly allowed in terms of our above order

ITA 32/ASR/2011[2007-08]Status: DisposedITAT Amritsar10 Jun 2025AY 2007-08

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm आयकरअपील सं. / Ita No. 32/Asr/2011 (िनधा"रणवष" / Assessment Year: 2007-08) Shri Rakesh Kumar Aggarwal Dcit बनाम/ Vs. 310-A Guru Tegh Bahadur Nagar Range-Iii Jalandhar. Jalandhar. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aakpa-3150-H (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Sh. Sandeep Vijh (Ca) –Ld.Ar ""थ"कीओरसे/Respondentby : Sh. Rajiv Wadhera (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 23-04-2025 घोषणाकीतारीख /Date Of Pronouncement : 10-06-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2007-08 Arises Out Of An Order Of Ld. Commissioner Of Income Tax (Appeals), Jalandhar [Cit(A)] Dated 29-11-2010 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 17-12- 2009. Upon Perusal Of Records, It Could Be Seen That The Assessee’S Appeal As Well As Revenue’S Appeal For This Year Was Disposed-Off By Tribunal Vide Ita No.32/Asr/2011 & Ita No.45/Asr/2011 Common Order Dated 12-10-2012. The Appeal Of The Assessee Was Partly Allowed

For Appellant: Sh. Sandeep Vijh (CA) –Ld.ARFor Respondent: Sh. Rajiv Wadhera (Addl. CIT) – Ld. Sr. DR
Section 143(3)

Tribunal to decided afresh after affording an opportunity of hearing to the parties in accordance with law by passing a speaking well-reasoned order. As a result, both the appeals are allowed. Accordingly, the appeal was restored back by Hon’ble Court to Tribunal for fresh adjudication. Subsequently, the revenue

M/S Surya World Educational Research and Charitable Institute, Rajpura vs. DCIT, CC-I, Chandigarh

In the result, the appeal filed by the assessee is dismissed both for non- prosecution and on merits

ITA 879/CHANDI/2018[2011-12]Status: DisposedITAT Chandigarh03 Jun 2025AY 2011-12

Bench: Us. Therefore, For The Sake Of Convenience & To Avoid Repetition, We Are Taking Ita No. 879/Del/2018 As The Lead Appeal & Reproducing The Facts, Grounds Raised & The Order Passed By The Ld. Cit(A)Karnal, For Completeness. 2. The Case Was Listed For Hearing On 29/5/2025 , When The Matter Was Called, There Was No Appearance From The Side Of The Assessee. It Is Noted From The Record That Earlier Mr. Tej Mohan, Advocate, Was Appearing On Behalf Of The Assessee. However, No Adjournment Request Or Explanation For Non-Appearance Has Been Filed. The Conduct Of The Assessee Indicates A Lack Of Interest In Prosecuting The Appeal. However, Considering Non- Appearance On Behalf Of The Assessee On Many Earlier Occasions & The Nature Of The Issues Involved, We Proceed To Decide The Appeal On Merits As Well.

For Appellant: NoneFor Respondent: Smt. Kusum Bansal, CIT, DR (Virtual Mode)
Section 68

report of the Assessing Officer, and the rejoinder filed by the assessee. It was therefore prayed that no interference is warranted with the well-reasoned order passed by the Ld. CIT(A), and the appeal filed by the assessee may kindly be dismissed. 6. We have considered the rival contentions ... holding that the loans are unexplained and liable to be added under section 68. 10. Accordingly, we find no infirmity in the well reasoned order of the Ld. CIT(A), which is hereby confirmed. 11. In the result, the appeal filed by the assessee is dismissed both for non- prosecution

M/S Surya World Educational Research and Charitable Institute, Rajpura vs. DCIT, CC-I, Chandigarh

In the result, the appeal filed by the assessee is dismissed both for non- prosecution and on merits

ITA 878/CHANDI/2018[2010-11]Status: DisposedITAT Chandigarh03 Jun 2025AY 2010-11

Bench: Us. Therefore, For The Sake Of Convenience & To Avoid Repetition, We Are Taking Ita No. 879/Del/2018 As The Lead Appeal & Reproducing The Facts, Grounds Raised & The Order Passed By The Ld. Cit(A)Karnal, For Completeness. 2. The Case Was Listed For Hearing On 29/5/2025 , When The Matter Was Called, There Was No Appearance From The Side Of The Assessee. It Is Noted From The Record That Earlier Mr. Tej Mohan, Advocate, Was Appearing On Behalf Of The Assessee. However, No Adjournment Request Or Explanation For Non-Appearance Has Been Filed. The Conduct Of The Assessee Indicates A Lack Of Interest In Prosecuting The Appeal. However, Considering Non- Appearance On Behalf Of The Assessee On Many Earlier Occasions & The Nature Of The Issues Involved, We Proceed To Decide The Appeal On Merits As Well.

For Appellant: NoneFor Respondent: Smt. Kusum Bansal, CIT, DR (Virtual Mode)
Section 68

report of the Assessing Officer, and the rejoinder filed by the assessee. It was therefore prayed that no interference is warranted with the well-reasoned order passed by the Ld. CIT(A), and the appeal filed by the assessee may kindly be dismissed. 6. We have considered the rival contentions ... holding that the loans are unexplained and liable to be added under section 68. 10. Accordingly, we find no infirmity in the well reasoned order of the Ld. CIT(A), which is hereby confirmed. 11. In the result, the appeal filed by the assessee is dismissed both for non- prosecution