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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

Grameen Impact Investment India Pvt Ltd, Mumbai vs. National -E Assessment Centre, Delhi

In the result, all the three appeals of the assessee are allowed

ITA 2375/MUM/2022[2018-19]Status: DisposedITAT Mumbai29 Dec 2022AY 2018-19

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2018-19 Grameen Impact Investments India National-E-Assessment Pvt. Ltd., Centre, 306, 3Rd Floor, A Wing, Devroop Vs. New Delhi-110 001. Building, 36, Turner Road, Bandra West, Mumbai-400050. Pan No. Aaacr 9005 R Appellant Respondent Assessee By : Mr. K. Shivaram & Mr. Shashi Bekal, Ars : Revenue By Mr. Satyapal Kumar, Dr Date Of Hearing : 19/12/2022 Assessment Year: 2015-16 & Assessment Year: 2016-17 Grameen Impact Investments India Dy. Cit-13(3)(1), Pvt. Ltd., Room No. 229, Aayakar 306, 3Rd Floor, A Wing, Devroop Vs. Bhavan, M.K. Road, Building, 36, Turner Road, Bandra Mumbai-400050. West, Mumbai-400050. Pan No. Aaacr 9005 R Appellant Respondent

For Appellant: Mr. K. Shivaram & Mr. Shashi
Section 56

file of the Ld. CIT(A) appropriate to restore this matter back to the file of the Ld. CIT(A) for passing a reasoned order after taking into consideration asoned order after taking into consideration asoned order after taking into consideration submission of the assessee. The grounds of appeal ... file of the Ld. CIT(A) for estored back to the file of the Ld. CIT(A) for deciding afresh and pass a reasoned order after providing adequate deciding afresh and pass a reasoned order after providing adequate deciding afresh and pass a reasoned order after providing adequate opportunity

Mr. Anil Agrawal (HUF)`, Mumbai vs. ACIT Cent.. Cir 3(4), Mumbai

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

ITA 2018/MUM/2021[2015-16]Status: DisposedITAT Mumbai30 Nov 2022AY 2015-16

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.2018/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2015-16) Anil Agrawal (Huf) बिधम/ Acit, Central Circle-3(4) 2401-2402, Anmol Pride, Air India Building, Vs. Off. S. V. Road, Goregaon Nariman Point, Mumbai- (West), Mumbai-400062. 400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aacha9591E (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Poojan Mehta Revenue By: Smt. Shailja Rai (Dr) सुनवाई की तारीख / Date Of Hearing: 03/11/2022 घोषणा की तारीख /Date Of Pronouncement: 30/11/2022 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. Principal Commissioner Of Income Tax-2, Mumbai Dated 18.01.2021 For Assessment Year 2015-16 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

For Appellant: Shri Poojan MehtaFor Respondent: Smt. Shailja Rai (DR)
Section 263

aside the impugned order and direct the Ld. PCIT to give an opportunity to assessee and after hearing the assessee/Ld. AR to pass a reasoned order in accordance to law. 5. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court

Sri. Balakrishna Shekar, Bengaluru vs. Assistant Commissioner of Income Tax, Circle-6(2)(1), Bangalore

In the result, appeal filed by the assessee stands partly allowed for statistical purposes

ITA 928/BANG/2022[2013-14]Status: DisposedITAT Bangalore30 Nov 2022AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2013-14 Shri Balakrishna Shekar, The Assistant No. 987, 11Th Main, Commissioner Of 1St Block, 3Rd Stage, Income Tax, Basaveshwara Nagar, Circle – 6(2)(1), Woc Road, Vs. Bengaluru. Bengaluru – 560 079. Pan: Bafps9087P Appellant Respondent Assessee By : Shri S. Annamalai, Advocate : Dr. Manjunath Karkihalli, Revenue By Cit-Dr Date Of Hearing : 30-11-2022 Date Of Pronouncement : 30-11-2022 Order Per Beena Pillaipresent Appeal Is Filed By The Assessee Against Order Dated 26/07/2022 Passed By Nfac, Delhi For Ay 2013-14. 2. At The Outset, The Ld.Ar Submitted That Assessee Had Preferred An Appeal Against An Order Passed By The Ld.Ao U/S. 154 Of The Act Without Issuing A Notice & Had Made Suo Moto Rectification Thereby Enhancing The Addition. He Referred To The Order Passed U/S. 154 Dated 13/04/2006 Which Categorically Mentions Regarding The Suo Moto Rectification Carried Out By The Ld.Ao.

For Appellant: Shri S. Annamalai, Advocate
Section 154

order passed u/s. 154 will have to be necessarily carried out by Ld.AO himself. 8. Accordingly, we direct the Ld.AO to pass a reasoned order on merits of the suo moto addition made in the order dated Page 3 13/04/2016 after verifying the additional evidences filed by the assessee