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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

Sri Bala Foundation, Hyderabad vs. CIT (Exemptions), Hyderabad

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

ITA 238/VIZ/2025[2023-24]Status: DisposedITAT Visakhapatnam14 Aug 2025AY 2023-24

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. Nos.237 & 238/Viz/2025 ("नधा"रण वष" / Assessment Years: 2023-24) Sri Bala Foundation, Vs. Commissioner Of Income Tax Hyderabad. (Exemption), Pan: Abbts8184P Hyderabad. (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Appellant By : No Representation ""याथ" क" ओर से / Respondent By : Shri Badicala Yadagiri, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 11/08/2025 घोषणा क" तार"ख/Date Of : 14/08/2025 Pronouncement O R D E R

For Appellant: No representationFor Respondent: Shri Badicala Yadagiri
Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)(iii)

that assessee’s application filed in Form No.10AB seeking registration u/s 12AB of the Act was rejected by the learned CIT (E) without any speaking order. We further observed that as per the submissions of the assessee, the assessee had responded to the earlier notices dated 08/06/2024 and 16/08/2024 issued ... assessee’s application filed in Form No.10AB seeking registration u/s 80G(5) of the Act was rejected by the learned CIT (E) without any speaking order. We further observed that as per the submissions of the assessee, the assessee had responded to the earlier notices issued

Sri Bala Foundation, Hyderabad vs. CIT(Exemptions), Hyderabad

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

ITA 237/VIZ/2025[2023-24]Status: DisposedITAT Visakhapatnam14 Aug 2025AY 2023-24

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. Nos.237 & 238/Viz/2025 ("नधा"रण वष" / Assessment Years: 2023-24) Sri Bala Foundation, Vs. Commissioner Of Income Tax Hyderabad. (Exemption), Pan: Abbts8184P Hyderabad. (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Appellant By : No Representation ""याथ" क" ओर से / Respondent By : Shri Badicala Yadagiri, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 11/08/2025 घोषणा क" तार"ख/Date Of : 14/08/2025 Pronouncement O R D E R

For Appellant: No representationFor Respondent: Shri Badicala Yadagiri
Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)(iii)

that assessee’s application filed in Form No.10AB seeking registration u/s 12AB of the Act was rejected by the learned CIT (E) without any speaking order. We further observed that as per the submissions of the assessee, the assessee had responded to the earlier notices dated 08/06/2024 and 16/08/2024 issued ... assessee’s application filed in Form No.10AB seeking registration u/s 80G(5) of the Act was rejected by the learned CIT (E) without any speaking order. We further observed that as per the submissions of the assessee, the assessee had responded to the earlier notices issued

Thumboor Multipurpose Co-Operative Society Ltd, Thrissur vs. ITO, Ward-2(5), Thrissur

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

ITA 439/COCH/2025[2017-18]Status: DisposedITAT Cochin14 Aug 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm Assessment Year: 2017-18 Thumboor Multipurpose Co-Op. Society Ltd. .......... Appellant Vellangallur, Thumboor P.O., Thrissur 680662 [Pan: Aaeat8193N] Vs. The Income Tax Officer, Ward-2(5), Thrissur .......... Respondent Assessee By: Shri Arun Raj, Advocate Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 05.08.2025 Date Of Pronouncement: 14.08.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 21.06.2024 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Appellant Is A Multipurpose Of Co-Operative Society. The Return Of Income For Ay 2017-18 Was Filed On 21.06.2018 Disclosing Nil Income. Against The Said Return Of Income, The Assessment Was Completed By The Income Tax Officer, Ward 2(5), Thrissur (Hereinafter Called "The Ao") Vide Order Dated

For Appellant: Shri Arun Raj, AdvocateFor Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)

ends of justice, we are of the considered opinion that the matter requires remand to the file of the CIT(A) to pass a speaking order adverting to the submissions and evidence adduced before the CIT(A) after affording a reasonable opportunity of being heard to the assessee

Viramgam Mahesana Projects Ltd., New Delhi vs. ACIT, New Delhi

In the result, appeal filed by the assessee is partly allowed

ITA 119/DEL/2015[2006-07]Status: DisposedITAT Delhi14 Aug 2025AY 2006-07

Bench: Shris.Rifaur Rahman & Shri Vimal Kumarviramgam Mahesana Project Limited, Vs. Acit, Circle 17(1), E – 9, 3Rd Floor, New Delhi. Ndse Part 2, New Delhi – 110 049. (Pan :Aabcv7027L) (Appellant) (Respondent) Assessee By : Shri K. Sampath, Advocate Shri V. Raja Kumar, Advocate Revenue By : Shri Dayainder Singh Sidhu, Citdr Date Of Hearing : 03.06.2025 Date Of Order : 14.08.2025 Order Per S.Rifaur Rahman: 1. Thisappeal Is Filed By The Assesseeagainst The Order Of Ld. Commissioner Of Income-Tax (Appeals)-19, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)]Dated 22.10.2014For Assessment Year 2006-07 Raising Following Grounds Of Appeal :- “1 That On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Confirming The Initiation Of The Reassessment Proceedings, U/S 148 Of The Income Tax Act & Also Failed To Appreciate That Neither The Mandatory Requirements Of Section 148 Of The Income Tax Act Nor The Pre-Conditions For Invoking The Provisions

For Appellant: Shri K. Sampath, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CITDR
Section 143(3)Section 147Section 148Section 234

receipt of the reasons recorded dated 25.03.2011, the assessee filed detailed objections (PB 59). The said objections have never been disposed off through a speaking order before proceeding with and framing the assessment. This in violation of mandate in GKN Driveshaft (2003) 259 ITR 19 (SC).” 3. On the other ... that as per the abovesaid decision, no doubt AO is bound to dispose off all the objections raised by the assessee by passing a speaking order, however, he submitted that in case the disposing off the objections require detailed examination of facts and application of legal provisions, which would require

V S Dempo Holdings Private Limited, Panaji-Goa vs. Asst. Commissioner of Income Tax, Circle One

ITA 146/PAN/2025[2019-20]Status: DisposedITAT Panaji13 Aug 2025AY 2019-20

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 146/Pan/2025 Assessment Year : 2019-20 V. S. Dempo Holdings Pvt. Ltd. Dempo House, Campal, Panaji, Goa-403001. Pan : Aaace4220P . . . . . . . Appellant V/S Asstt. Commissioner Of Income Tax, Circle-1(1), Panaji, Goa. . . . . . . . Respondent Appearances Assessee By : Mr Rohan Deshpande [‘Ld. Ar’] Revenue By : Capt. Pradeep Arya [‘Ld. Dr’] Date Of Conclusive Hearing : 12/08/2025 Date Of Pronouncement : 13/08/2025 Order Per G. D. Padmahshali; The Captioned Appeal Of The Assessee Impugns Din & Order Itba/Apl/S/250/2024-25/1074798262(1) Dt. 21/03/2025 Passed By Addl./Jt. Commissioner Of Income Tax Appeals-1, Hyderabad, [‘Ld. Nfac’ Hereinafter] U/S 250 Of The Income- Tax Act, 1961 [‘The Act’ Hereinafter] Which In Turn Arisen Out Of Order Dt. 25/10/2020 Passed U/S 143(1) Of The Act By The Central Processing Centre, Bengaluru [‘Ld. Cpc’ Hereinafter] Anent To Assessment Year 2019-20 [‘Ay’ Hereinafter].

For Appellant: Mr Rohan Deshpande [‘Ld. AR’]For Respondent: Capt. Pradeep Arya [‘Ld. DR’]
Section 143(1)Section 246ASection 249Section 250

consequential admission or dismissal of appeal (ii) if admitted deal therewith de-novo on merits in accordance with applicable law and pass a speaking order in terms of section 250(6) of the Act. 9. The appeal in result stands allowed for statistical purposes. In terms of rule

Gurunath Gundu Gojagekar, Belagavi vs. The Deputy Commissioner of Income Tax, Circle - 1, Belgavi

ITA 143/PAN/2025[2013-14]Status: DisposedITAT Panaji13 Aug 2025AY 2013-14

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 143/Pan/2025 Assessment Year : 2013-14 Gurunath Gundu Gojagekar 508, Hindu Nagar, Tilakwadi, Belgavi-590006. Pan : Aappg4152N . . . . . . . Applicant V/S Deputy Commissioner Of Income Tax, Circle-1, Belgaum. . . . . . . . Respondent Appearances Assessee By : Mr Omkar Godbole [‘Ld. Ar’] Revenue By : Ms Rijjula Uniyal [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 12/08/2025 घोषणा की तारीख / Date Of Pronouncement : 13/08/2025 Order Per G. D. Padmahshali; The Captioned Appeal Of The Assessee Impugns Din & Order Itba/Nfac/S/250/2024-25/1073157632(1) Dt. 12/02/2025 Passed By The National Faceless Appeal Centre, Delhi [‘Ld. Nfac’] U/S 250 Of The Income-Tax Act, 1961 [‘The Act’] Which In Turn Arisen Out Of Order Of Rectification Dt. 02/03/2021 Passed U/S 154 Of The Act By The Dy. Commissioner Of Income Tax, Circle-1(1), Belagavi [‘Ld. Ao’] Anent To Assessment Year 2013-14 [‘Ay’].

For Appellant: Mr Omkar Godbole [‘Ld. AR’]For Respondent: Ms Rijjula Uniyal [‘Ld. DR’]
Section 154Section 246ASection 250

consequential admission or rejection of such appeal and (ii) if admitted, deal therewith do-novo on merits in accordance with law and pass a speaking order in terms of s/s (6) of section 250 of the Act. Ordered Accordingly. 6. The appeal in result stands allowed for statistical purposes