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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

Shankerlingam Memorial Charitable Trust, Chennai vs. CIT, Exemptions, Chennai

In the result, the appeal filed by the assessee is allowed for statistical

ITA 962/CHNY/2025[-]Status: DisposedITAT Chennai15 Jul 2025

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:962/Chny/2025 Shankerlingam Memorial Charitable Trust, 33, Second Cross Street, West Cit Nagar, Nandanam, Chennai – 600 035. [Pan:Aacts-6339-N] (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By Vs. Cit (Exemptions), Chennai. (प्रत्यर्थी/Respondent) Shri. S. Seetharaman, C.A. प्रत्यर्थी की ओर से/Respondent By Ms. E. Pavuna Sundari, Cit (Virtual) सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement 24.06.2025 15.07.2025 Per S. R. Raghunatha, Am : आदेश /Order This Appeal By The Assessee Is Filed Against The Order Of The Commissioner Of Income Tax (Exemption), Chennai, Vide Order Dated 11.03.2025. 2. We Find From The Grounds That The Assessee Is A Religious & Charitable Trust Had Filed An Application Seeking Registration U/S.12Ab Of The Act, Vide Application In Form 10Ab Dated 29.09.2024 U/S.12A(1)(Ac)(Ii) Of The Act. The Id.Cit(E) Has Rejected The Application For Non-Compliance Of The Assessee In Further Proceedings By Passing An Order In Form 10Ad Dated 11.03.2025. Hence, The Assessee Filed This Appeal & Prayed For One More Opportunity Of Hearing Before The Ld.Cit(E). :-2-:

Section 12ASection 12A(1)(ac)

direction to send notices on the assessee afresh through registered email ID, e-portal or as per provisions of the Act and pass speaking order after giving adequate opportunity to the assessee as per law. Needless to say, the assessee should be diligent in responding to the notices and furnish