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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

Allahabad Bank Now Indian Bank, Panchkula vs. Deputy Commissioner of Income Tax (TDS Circle), Panchkula

In the result, the appellant's appeal is DISMISSED

ITA 292/CHANDI/2024[2015-16]Status: DisposedITAT Chandigarh16 Dec 2024AY 2015-16

Bench: Shri Vikram Singh Yadav & Shri Paresh M. Joshiआयकर अपील सं./ Ita No. 292/Chd/2024 "नधा"रण वष" / Assessment Year: 2015-16 Allahabad Bank, Vs. The Dcit बनाम (Tds Circle), Now Indian Bank Panchkula Sco 12A, Sector 11, Panchkula "थायी लेखा सं./Pan No: Rtka02368C अपीलाथ"/ Assessee ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri U.S. Aggarwal, Advocate & Shri Manuj Bansal, Ca राज"व क" ओर से/ Revenue By : Shri Shakti Singh, Jcit Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 19.11.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 16.12.2024 आदेश/Order

For Appellant: Shri U.S. Aggarwal, Advocate &For Respondent: Shri Shakti Singh, JCIT Sr. DR
Section 201Section 246ASection 249(3)Section 250Section 253

correct facts and reasonable cause is totally wrong and illegal. 6. That the order passed by learned CIT (Appeals) is not a speaking and reasoned order rejecting the appeal on 292-Chd-2024 Allahabad Bank, Now Indian Bank, Panchkula 3 technical default in a stereotype manner which is totally wrong ... result, impugned order is set aside. We remand the matter back to the file of CIT(A) to pass a speaking and reasoned order on merits of the case. 8. Appeal of Assessee is allowed for statistical purposes. Order pronounced on 16.12.2024. ( VIKRAM SINGH YADAV ) Judicial Member “rkk” आदेश

Alka Malhotra, Ludhiana vs. ITO, Ward VI(1), Ludhiana

In the result, the appeal is allowed for statistical purposes

ITA 82/CHANDI/2023[2012-13]Status: DisposedITAT Chandigarh12 Dec 2024AY 2012-13

Bench: Shri Vikram Singh Yadav & Shri Paresh M. Joshiआयकर अपील सं./ Ita No. 82/Chd/2023 "नधा"रण वष" / Assessment Year: 2012-13 Alka Malhotra, Vs. Ito, बनाम Ward Vi (1), A-5, Industrial Estate, Ludhiana Ludhiana 141003 "थायी लेखा सं./Pan No: Ajrpm7712K ""यथ"/ Repsondent अपीलाथ"/ Assessee ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Hari Om Arora, Advocate राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Jcit Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 27.11.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 12.12.2024 आदेश/Order

For Appellant: Shri Hari Om Arora, AdvocateFor Respondent: Shri Vivek Vardhan, JCIT Sr. DR
Section 147Section 250Section 253Section 68

involved is complex and it would be just fair and convenient that matter be remanded back told CIT(A) to pass a speaking and reasoned order on merits of the case so that this Tribunal can enrich with the finding of Ist Appellate Authority in case issues are decided against ... when fixed by the ld. CIT(A) and not to seek any adjournment. The ld. CIT(A) to pass speaking and well-reasoned order on merit. 6. In the result, the appeal is allowed for statistical purposes. Order pronounced on 12.12.2024. ( VIKRAM SINGH YADAV ) Judicial Member “rkk” आदेश