← 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

Deputy Commissioner of Income Tax, Aurangabad vs. Rajuri Steel and Tmt Bars Pvt. Ltd., Jalna

In the result, the appeal of the Revenue in ITA

ITA 1298/PUN/2024[2014-15]Status: DisposedITAT Pune12 Nov 2024AY 2014-15

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1298/Pun/2024 िनधा"रण वष" / Assessment Year: 2014-15 Dcit, Central Circle-2, Vs. Rajuri Steel & Tmt Aurangabad. Bars Pvt. Ltd., Plot No.F-16-17 & Gut No.49, 51 & 52, Additional Midc, Phase- Ii, Daregaon, Jalna- 431203. Pan : Aaics2970E Appellant Respondent C.O. No.32/Pun/2024 (Arising Out Of Ita No.1298/Pun/2024) िनधा"रण वष" / Assessment Year: 2014-15 Rajuri Steel & Tmt Bars Vs. Dcit, Central Circle-2, Pvt. Ltd., Aurangabad. Plot No.F-16-17 & Gut No.49, 51 & 52, Additional Midc, Phase-Ii, Daregaon, Jalna- 431203. Pan : Aaics2970E Appellant Respondent Revenue By : Shri Ajay Kumar Keshari Assessee By : Shri B. D. Bhide Date Of Hearing 05.11.2024 : Date Of Pronouncement : 12.11.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 07.03.2024 Passed By Ld. Cit(A)-12, Pune [‘Ld. Cit(A)’]

For Appellant: Shri B. D. BhideFor Respondent: Shri Ajay Kumar Keshari
Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 68

support of his contention that if an appellant raises objections to notice issued u/s 148 then the AO is required to pass a reasoned order disposing of the objections raised by the appellant and then only the AO can proceed with reassessment of escaped income, the appellant made its legal ... followed by the jurisdictional High Court and Tribunal. Therefore, order passed by the AO is legally not sustainable for his failure to pass a reasoned order disposing of the objections raised by the appellant before passing the assessment order. Revised Ground No. 3 raised by the appellant is therefore, allowed