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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

Natarajan Mohan, Trichy vs. ACIT, Circle-1(1), Tiruchirappalli

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

ITA 25/CHNY/2025[2014-15]Status: DisposedITAT Chennai06 Aug 2025AY 2014-15

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.25/Chny/2025 Assessment Years: 2014-15 Natarajan Mohan, Assistant Commissioner Of No.D-50, 9Th Cross Street, Income Tax, West Thillai Nagar, Trichy, Circle-1(1), Tamil Nadu-620 018. Trichy. [Pan: Aaupm1314R] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri A.S.Ramakrishnan, F.C.A. प्रत्यर्थी की ओर से /Revenue By : Ms.R.Anitha, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 15.07.2025 घोषणा की तारीख /Date Of Pronouncement : 06.08.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri A.S.Ramakrishnan, F.C.AFor Respondent: Ms.R.Anitha, Addl.CIT
Section 133ASection 148

assessee leading to his making the impugned addition. We have however noted that the order passed by the Ld. AO is not a speaking order and clear facts have not been brought on records before making the impugned addition. There are also indications of no enquiries conducted by the Ld.AO ... direct the Ld. AO to readjudicate the matter de novo by examining the matter afresh in accordance with law and by passing a speaking order. Reliance in this regard is placed upon the decision of Hon’ble Apex Court in the case

Manoj Kumar, Aurangabad vs. ITO Ward-3(3), Aurangabad, Gaya

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

ITA 75/PAT/2025[2021-22]Status: HeardITAT Patna05 Aug 2025AY 2021-22

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.75/Pat/2025 Assessment Year: 2021-22 Manoj Kumar……………………….....…..…………………....Appellant Chawal Bazar, Main Road, Daudnagar, Aurangabad, Bihar-824143. [Pan: Andpk2914K] Vs. Ito, Ward-3(3), Aurangabad……….…............................…..…..... Respondent Appearances By: Shri Devesh Poddar, Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 24, 2025 Date Of Pronouncing The Order : August 5, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Has Been Filed By The Assessee Against The Order Passed By The National Faceless Appeal Centre ["Cit(A)"] For The Assessment Year 2021-21. 2. At The Outset, It Is Noted That There Is A Delay Of 145 Days In Filing The Present Appeal Before The Tribunal. The Assessee Has Filed A Condonation Petition Explaining The Reasons Or Such Delay. After Considering The Submissions & Materials On Record, We Are Satisfied That There Was Reasonable Cause For The Delay In Filing The Appeal. Accordingly, The Said Delay Is Condoned & The Appeal Is Admitted For Adjudication. 3. The Assessee Filed Its Return Of Income For The Assessment Year 2021–22 Declaring Total Income Of ₹ 5,54,350. The Return Was Selected For Scrutiny & Notices Under Section 143(2) & Section 142(1) Of The

Section 142(1)Section 143(2)Section 143(3)Section 144BSection 69A

evidence showing that the amount of ₹33,02,664 is duly recorded and explained, the AO shall verify the claim and pass a fresh speaking order after affording reasonable opportunity to the assessee and the assessee is directed to comply with all notices issued by the AO during remand proceedings

Mahavir Trading Company, Parwanoo vs. ACIT, Circle, Parwanoo

The appeal stands partly allowed

ITA 435/CHANDI/2022[2005-06]Status: DisposedITAT Chandigarh04 Aug 2025AY 2005-06

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 435 /Chandi/2022 (िनधा"रणवष" / Assessment Year: 2005-06) M/S Mahavir Trading Company Acit-Circle Parwanoo बनाम/ Booth No. 18 Sector-1 Himachal Pardesh 173220 Vs. Parwanoo (Hp) 173220 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaefm-8949-E (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Neeraj Jain (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr Ranjit Kaur (Addl. Cit) – Ld.Sr.Dr सुनवाईकीतारीख/Date Of Hearing : 26-06-2025 घोषणाकीतारीख /Date Of : 04-08-2025 Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2005-06 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Shimla [Cit(A)] Dated 30-01-2020 In The Matter Of An Assessment Framed By Ld. Ao U/S 143(3) On 28-12-2007. This Is Second Round Of Appeal. In The First Round, The Assessment Was Confirmed By Ld. Cit(A) Vide Order Dated 26-05-2008. However, The Matter Was Remanded Back By Tribunal Vide Ita No.795/Chd/2009

For Appellant: Shri Neeraj Jain (CA) – Ld. ARFor Respondent: Dr Ranjit Kaur (Addl. CIT) – Ld.Sr.DR
Section 133ASection 143(3)

matter was remanded back by Tribunal vide ITA No.795/Chd/2009 order dated 13-10-2009 to Ld. CIT(A) for fresh adjudication by way of speaking order. Pursuant to the same, another order has been passed by Ld. CIT(A) on 30-01-2020 dismissing the appeal of the assessee. Aggrieved