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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

Thattantavita Asharaf, Vadakara vs. Income Tax Officer Ward2(2), Kozhikode

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

ITA 900/COCH/2022[2011-12]Status: DisposedITAT Cochin06 Jun 2023AY 2011-12

Bench: Shri Sanjay Arora, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No. 900/Coch/2022 (िनधा"रण वष" / Assessment Year: 2011-12) Thattantavita Asharaf बनाम/ Ito, Ward-2(2) 5Th Floor, Aayakar Bhavan Thattantavita House, P.O, Vs. Thuneri, Vadakara, North Block, Mananchira, Kozhikode District-673514. Kozhikode-673001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aivpa7829G (अपीलाथ" /Appellant) .. (""थ" / Respondent) Assessee By: Shri R. Krishnan Revenue By: Smt J. M Jamuna Devi, (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 16/05/2023 घोषणा की तारीख /Date Of Pronouncement: 06/06/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)/Nfac Dated 22.07.2022 For Ay. 2011-12. 2. The Main Grievance Of The Assessee Is Against The Imposition Of Penalty U/S 271F Of The Income Tax Act, 1969 (Hereinafter “The Act”) On The Ground Of Failure To Furnish Return Of Income (Roi) As Required U/S 139(1) Or Proviso To That Sub-Section. In This Case, The Assessee Had Filed Return Of Income Belatedly On 28.03.2013 Reflecting An Income Of Rs.3,72,410/- Whereas As Per Section 139(1) Of The Act Assessee Was To File The Return Of Income On 31.07.2011 (And U/S 139(4) By 31.03.2012). 3. The Ao Before Imposing The Penalty Of Rs.5000/- U/S 271F Of The Act Had Issued Notice Dated 21.12.2018 & After Giving Opportunity To Assessee Has Imposed Penalty On 12.03.2019. 2 A.Ys. 2012-12 Thattantavita Asharaf

For Appellant: Shri R. KrishnanFor Respondent: Smt J. M Jamuna Devi, (Sr. AR)
Section 139(1)Section 139(4)Section 271FSection 273B

Taxation) Vs. Mahindra and Mahindra Ltd. [(2014) 365 ITR 560 Bom]. 6. In the light of the aforesaid discussion, the AO to pass a reasoned order after examining the contention raised by assessee as well as the case laws raised by assessee in accordance to law. And needless

Income Tax Office-20(1)(1), Mumbai vs. M/S Crystal Corporation, Mumbai

In the result, the appeal filed by Revenue is dismissed

ITA 823/MUM/2023[2011-12]Status: DisposedITAT Mumbai24 May 2023AY 2011-12

Bench: Shri Pavan Kumar Gadale & Ms. Padmavathy Sito-20(1)(1), M/S. Crystal 110,1St Floor, Piramal Corporation, 4A/4B, बनाम/ Chamber, Ground Floor, Opp. Vs. Lalbaug,Parel, Annex Building, Old Mumbai-400012. Anjirwadi, Mazgaon, Mumbai-400010. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacfc7226Q (अपीलाथ" /Appellant) (""थ" / Respondent) अपीलाथ" ओर से / Appellant By : Shri.Anil Gupta.Dr ""थ" की ओर से/Respondent By : None. सुनवाई की तारीख / Date Of Hearing 22/05/2023 घोषणा की तारीख /Date Of Pronouncement 24/05/2023 आदेश / Order Per Pavan Kumar Gadale - Jm: The Revenue Has Filed An Appeal Against The Order Of Commissioner Of Income-Tax (Appeals)-National Faceless Appeal Centre, Delhi [“Ld. Cit(A)”] Passed Under Section 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year (“Ay”) 2011-12. The Revenue Has Raised Following Grounds Of Appeal:- 1. "Whether On The Facts & In Circumstances Of The Case & In Law, The Ld. Cit(A) Was Correct In Restricting The Addition Made On Account Of Bogus Purchase To 6% Of Total Bogus Purchases Ignoring The Fact That The Sales

For Appellant: Shri.Anil Gupta.DRFor Respondent: None
Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 148Section 250

disputed the sales. The Ld.CIT(A) has relied on the decision of Hon’ble High Court and Honble Tribunal and passed a reasoned order. Accordingly, we do not find any 6 Crystal Corporation infirmity in the order of the CIT(A) and uphold the same and dismiss the grounds