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“speaking order”

Natural JusticeReasoned OrderReasoned Order6,856 judgments

The decision most relied on for speaking order is GKN Driveshafts (India) Ltd. v. ITO (259 ITR 19), cited in 1,349 judgments on BharatTax.

Leading authorities on speaking 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.

Kunhayammed v. State of Kerala
245 ITR 360 · 2000 · Supreme Court
361
citing judgments

An order refusing special leave to appeal to the Supreme Court, whether speaking or non-speaking, does not attract the doctrine of merger, meaning the order under challenge is not substituted.

M/s Sahara India (Farms) v. CIT & Anr.
300 ITR 403 · 2008 · Supreme Court
268
citing judgments

Administrative orders must be consistent with the rules of natural justice.

Kapurchand Shrimal v. CIT
131 ITR 451 · 1981 · Supreme Court
143
citing judgments

Appellate authorities in income-tax proceedings have the jurisdiction and duty to correct all errors of lower authorities. They must remit matters for proper or fresh adjudication and issue appropriate directions to ensure substantial justice, unless expressly forbidden by statute.

Bayer Material Science Pvt. Ltd. v. DCIT
382 ITR 333 · 2016 · High Court
89
citing judgments

Reassessment orders under Section 147/148 are without jurisdiction and invalid if the Assessing Officer fails to dispose of the assessee's objections to the reopening of assessment through a speaking order, as mandated by the GKN Driveshafts procedure.

Kunhayammed and Others v. State of Kerala
119 STC 505 · Reported
68
citing judgments

A Supreme Court speaking order dismissing a Special Leave Petition (SLP) has two implications: the statement of law contained therein constitutes a declaration of law under Article 141 of the Constitution, and its findings bind the parties and lower authorities.

PCIT v. Tupperware India Pvt. Ltd.
236 Taxmann 494 · 2016 · High Court
58
citing judgments

The incomplete disposal of an assessee's objections by the Assessing Officer makes the reassessment proceedings invalid. The Assessing Officer must dispose of the objections by a speaking order.

Home Finders Housing Ltd. v. ITO
404 ITR 611 · 2018 · High Court
56
citing judgments

Non-compliance with the GKN Driveshafts procedure, specifically not passing a speaking order on objections to reassessment before completing the assessment, is a curable procedural irregularity and does not nullify the assessment, particularly if the assessee did not request a speaking order.

Judgments citing speaking order

Rajdhani Transport Company Private Limited, Hoshiarpur, Punjab vs. Income Tax Officer, Ward-3, Hoshiarpur, Punjab

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

ITA 583/ASR/2024[2014-15]Status: DisposedITAT Amritsar18 Aug 2025AY 2014-15

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm आयकर अपील सं./ Ita No. 583/Asr/2024 (िनधा"रण वष" / Assessment Year: 2014-15) M/S Rajdhani Transport Company Ito Private Limited Ward -3 बनाम/ Vs. 216-L, Model Town, Hoshiarpur. Hoshiarpur. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccr-5619-K (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Sh. Nikhil Goyal (Advocate) & Shri Ashok Goyal (Ca)–Ld.Ars ""थ"कीओरसे/Respondentby : Sh. Charan Dass (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 05-08-2025 घोषणाकीतारीख /Date Of Pronouncement : 18-08-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2014-15 Arises Out Of An Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 05-09- 2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) R.W.S. 263 Of The Act On 16-12-2019. The Ld. Ar Has Stated That The Assessment Order Does Not Survive In View Of The Fact

For Appellant: Sh. Nikhil Goyal (Advocate) and ShriFor Respondent: Sh. Charan Dass (Addl. CIT) – Ld. Sr
Section 143(3)Section 263

taken proper cognizance to discuss the issue and applicability of section 263 in relation to the order of the ld. Assessing Officer. A non speaking order was passed. The ld. CIT-DR also accepted the defect of the impugned order. The order, u/s 263 of the Act should

Southopen Infranirman Consultants Private Limited, Kolkata vs. ITO, Ward 9(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1268/KOL/2025[2018-2019]Status: DisposedITAT Kolkata18 Aug 2025AY 2018-2019

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.1268/Kol/2025 Assessment Year: 2018-19 Southopen Infranirman Consultants Pvt. Ltd.……………….……....Appellant 228A, Chittaranjan Avenue, W.B – 700006. [Pan: Aarcs2287B] Vs. Ito, Ward-9(1), Kolkata……………....…..………………….…..... Respondent Appearances By: Smt. Swati Baid, Fca Appeared On Behalf Of The Appellant. Shri Susanta Saha, Acit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 13, 2025 Date Of Pronouncing The Order : August 18, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Dated 01.04.2025 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”). 2. Brief Facts Of The Case Are That The Assessee Has Filed Return Of Income For The Assessment Year 2018-19 Declaring Total Income Of Rs.60440/-. On Information Received That The Assessee Company Had Received Accommodation Entry Of Rs.28,00,000/- Routed Through The Bank Account Of M/S Strong Well Commodeal Pvt. Ltd. During The F.Y 2017-18. Later On, The Case Of The Assessee Was Reopened U/S 147 By Issuing Notice U/S 148 As To Believe By The Assessing Officer That The Said Income Of The Had Escaped Assessment. Thereafter, Notices U/S 143(2) & 142(1) Of The Act Were Issued To The Assessee To Furnish Necessary Details To Prove The Source The Deposit In The Bank Amount.

Section 143(2)Section 147Section 148Section 250Section 68

when asked for without any fail and in case, the assessee fails to appear in remand proceedings, the ld. CIT(A) may pass a speaking order in accordance with law on the basis of materials available on record. I.T.A. No.1268/Kol/2025 Southopen Infranirman Consultants Pvt. Ltd 8. In terms