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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

Deen Dayal Medical and Educational Trust, Thiruvallur vs. JCIT (OSD), Central Circle-2(3), Chennai

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

ITA 276/CHNY/2025[2010-11]Status: DisposedITAT Chennai18 Jul 2025AY 2010-11

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.276/Chny/2025 Assessment Years: 2010-11 Deen Dayal Medical & Educational Joint Commissioner Of Income Trust, Tax(Osd), No.61, Dd Nagar, Central Circle-2(3), Kunnavalam Post, Chennai. Thiruvallur-631 210. [Pan: Aaatd2757M] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Mr.S.Sridhar, Advocate. प्रत्यर्थी की ओर से /Revenue By : Mr.Bipin C.N, Cit सुनवाई की तारीख/Date Of Hearing : 17.06.2025 घोषणा की तारीख /Date Of Pronouncement : 18.07.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Mr.S.Sridhar, AdvocateFor Respondent: Mr.Bipin C.N, CIT
Section 11Section 12A

will file the relevant documents and will explain its case. The PCIT will accordingly examine the details and then pass a speaking order after allowing reasonable opportunity of being heard to the assessee….” 5.0 Thus, we have noted that in the present case the Ld.AO has made additions by denying ... Chennai. The Ld.AO while doing his readjudication, in accordance with law, shall give due opportunity of being heard to the assessee and pass a speaking order. The assessee shall bounden to comply with all the statutory notices issued by the Ld.AO. Accordingly, all the grounds of Page

M/S. Trac Media Pvt. Ltd., Chennai vs. ACIT, Corp. Circle-20(1), Chennai

In the result, the appeals of the assessee are decided as under:-

ITA 1306/CHNY/2025[2016-17]Status: DisposedITAT Chennai18 Jul 2025AY 2016-17

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1305/Chny/2025, Assessment Years: 2014-15 आयकर अपील सं./Ita No.1306/Chny/2025, Assessment Years: 2016-17 M/S.Trac Media Pvt Ltd., Assistant Commissioner Of No.35, 3Rd Main Road, Income Tax, Kalaimagal Nagar, Corporate Circle-20(1), Ekkattuthangal, Chennai. Chennai-600 032. [Pan: Aadct4184G] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri D.Anand, Advocate. प्रत्यर्थी की ओर से /Revenue By : Ms.E.Pavuna Sundari, Cit(Virtual) & Ms.V.Supraja, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 17.07.2025 घोषणा की तारीख /Date Of Pronouncement : 18.07.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri D.Anand, AdvocateFor Respondent: Ms.E.Pavuna Sundari, CIT(Virtual) &
Section 133(6)Section 143(3)Section 56

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 inadequate 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

M/S. Trac Media Pvt. Ltd., Chennai vs. ACIT, Corp. Circle-20(1), Chennai

In the result, the appeals of the assessee are decided as under:-

ITA 1305/CHNY/2025[2014-15]Status: DisposedITAT Chennai18 Jul 2025AY 2014-15

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1305/Chny/2025, Assessment Years: 2014-15 आयकर अपील सं./Ita No.1306/Chny/2025, Assessment Years: 2016-17 M/S.Trac Media Pvt Ltd., Assistant Commissioner Of No.35, 3Rd Main Road, Income Tax, Kalaimagal Nagar, Corporate Circle-20(1), Ekkattuthangal, Chennai. Chennai-600 032. [Pan: Aadct4184G] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri D.Anand, Advocate. प्रत्यर्थी की ओर से /Revenue By : Ms.E.Pavuna Sundari, Cit(Virtual) & Ms.V.Supraja, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 17.07.2025 घोषणा की तारीख /Date Of Pronouncement : 18.07.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri D.Anand, AdvocateFor Respondent: Ms.E.Pavuna Sundari, CIT(Virtual) &
Section 133(6)Section 143(3)Section 56

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 inadequate 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