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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

Kalpeshbhai Amthabhai Desai, Mehsana vs. ITO (Ward 1), Mehsana

In the result, the appeal filed by the assessee is treated as allowed for statistical purposes

ITA 1271/AHD/2024[2012-13]Status: DisposedITAT Ahmedabad23 Oct 2024AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1271/Ahd/2024 िनधा"रण वष" /Assessment Year : 2012-13 Kalpeshbhai Amthabhai The Ito बनाम/ Desai Ward-1 V/S. Rabari Vas Mehsana At & Post : Chhathiyarda Ta & Dist. Mehsana Mehsana – 384 002 (Gujarat) "थायी लेखा सं./Pan: Auzpd 9800 A अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) .. Assessee By : Shri Ankit S. Rajyaguru, Ar Revenue By : Shri V.K. Mangla, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 16/10/2024 घोषणा की तारीख /Date Of Pronouncement: 23/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Ankit S. Rajyaguru, ARFor Respondent: Shri V.K. Mangla, Sr.DR
Section 148Section 69A

assessee. The core issue before us is whether the CIT(A) has adequately considered the merits of the case and provided a reasoned order, as required by the Act. 6.1. We note with concern that the CIT(A) has failed to independently apply their mind to the facts ... handwritten form, provided it is authentic and explains the transactions. The CIT(A), as an appellate authority, is required to pass a reasoned order based on the facts and evidence presented, particularly when such evidence is crucial to determining the source of the cash deposits in question. 6.2. The assessee

Sarojben Lalitbhai Vadhani, Ahmedabad vs. The ITO, Ward-3(3)(5), Ahmedabad

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

ITA 772/AHD/2024[2012-13]Status: DisposedITAT Ahmedabad21 Oct 2024AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.772/Ahd/2024 िनधा"रण वष" /Assessment Year : 2012-13 Sarojben Lalitbhai Vadhani The Income Tax Officer बनाम/ B-406 Surel Apartments Ward-3(3)(5) V/S. Nr.Devashish School Ahmedabad Judges Bungalow Road Bodakdev Ahmedabad – 380 054 (Gujarat) "थायी लेखा सं./Pan:Awspv 8887 C अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Sudhir Mehta, Advocate Revenue By : Shri V.K. Mangla, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 15/10/2024 घोषणा की तारीख /Date Of Pronouncement: 21/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: The Present Appeal Is Filed By The Assessee Against The Ex-Parte Order Dated 22/02/2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Nfac) [Hereinafter Referred To As “Cit(A)”], Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], For The Assessment Year (Ay) 2012-13. The Assessment Was Completed Under Section 144 Read With Section 147 Of The Act, By The Ao, Dated 10/12/2019. Sarojben Lalitbhai Vadhani Vs. Ito Asst. Year : 2012-13

For Appellant: Shri Sudhir Mehta, AdvocateFor Respondent: Shri V.K. Mangla, Sr.DR
Section 142(1)Section 144Section 147Section 250Section 69A

fresh adjudication on merits. The CIT(A) is directed to afford the assessee a proper opportunity of being heard and to pass a reasoned order in accordance with Sarojben Lalitbhai Vadhani vs. ITO Asst. Year : 2012-13 law. The assessee is also directed to co-operate fully in the proceedings