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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

DCIT, CC-1(4), Kolkata vs. Kkalpana Industries India Limited, Kolkata

In the result, appeal of the revenue is dismissed

ITA 452/KOL/2025[2016-17]Status: DisposedITAT Kolkata25 Jun 2025AY 2016-17

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील सं/Ita No.452/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2016-2017) Dcit, Cc-1(4), Kolkata Vs Kkalpana Industries India Ltd. 2B, Pretoria Street, Middleton Row, Kolkata-700071 Pan No. :Aabck 2239 D (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri S.K.Tulsiyan, Advocate & Ms. Puja Somani, Ca रधजस्व की ओर से /Revenue By : Shri P.N.Barnwal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 24/06/2025 घोषणा की तारीख/Date Of Pronouncement : 25/06/2025 आदेश / O R D E R Per George Mathan, Jm : This Is An Appeal Filed By The Revenue Against The Order Dated 13.11.2024, Passed By The Ld. Cit(A), Kolkata-20, Passed In Din & Order No.Itba/Apl/S/250/2024-25/1070338584(1), For The Assessment Year 2016-2017. 2. Shri P.N.Barnwal, Ld.Cit-Dr Appeared On Behalf Of The Revenue & Shri S.K.Tulsiyan, Advocate With Ms. Puja Somani, Ca, Appeared On Behalf Of The Assessee. 3. A Perusal Of The Appeal Record, We Find That The Appeal Of The Revenue Has Been Filed Belatedly By 28 Days. In This Regard, The Revenue Has Filed An Application For Condonation Of Delay Stating Sufficient Reasons Which Are Plausible & Not Found To Be False. Thus, The Delay Of 28 Days In Filing The Appeal Is Condoned & Appeal Is Admitted For Hearing.

For Appellant: Shri S.K.Tulsiyan, Advocate and Ms. Puja Somani, CAFor Respondent: Shri P.N.Barnwal, CIT-DR
Section 143(3)Section 148Section 45

that objection filed by the appellant to the reason to believe has not been 9 disposed off by the A. 0. by passing a speaking order. Hence, ground taken by the appellant is rejected." 11. W.r.t the merits of the case, for Grounds 6-7, the assessee during appellate proceedings ... order disposing the objections, he has merely copy pasted the reasons recorded. Disposal of the objections by the learned AO by passing a speaking order is a sine qua non in reassessment proceedings by virtue of the judgment of the Hon'ble Apex Court judgment in the case

Sandeep Kumar Gautam, Ghaziabad vs. ITO, Ward- 2(2)(3), Ghaziabad

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

ITA 1469/DEL/2025[2018-19]Status: DisposedITAT Delhi25 Jun 2025AY 2018-19

Bench: Shri Shamim Yahya & Shri Vimal Kumarsandeep Kumar Gautam, Vs. Ito, Ward 2(2)(3), Ghaziabad House No. 921, Mange Ram Jatan House, Ghaziabad (Pan: Ambpg5029J) (Appellant) (Respondent) Appellant By : Sh. Ruchesh Sinha, Adv. Respondent By : Ms. Harpreet Kaur Hansra, Sr. Dr. Date Of Hearing 25.06.2025 Date Of Pronouncement 25.06.2025 Order Per Shamim Yahya, Am : This Appeal Has Been Filed By The Assessee Against The Order Passed By The Nfac, Delhi On The Following Grounds:- 1. That On The Facts & Circumstances Of The Case The Ld. Cit(A) Has Erred In Passing An Exparte Order Without Considering That In This Case, There Was No Deliberate Attempt On The Part Of The Appellate To, Not To, Reply To The Notices Of Hearing.

For Appellant: Sh. Ruchesh Sinha, AdvFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 144

further submitted that Ld. CIT(A) has also passed the exparte order, and dismissed the appeal of the assessee by passing a non-speaking order, even without going into the merits of the case. It was further submitted that assessee is a senior citizen and due to non-functioning ... with the directions to decide the same afresh, after giving adequate opportunity of being heard to the assessee and pass a speaking order. Assesse is directed to fully cooperate with the ld. CIT(A) during the proceedings. We hold and direct accordingly

Welcome Distilleries Private Limited, Chhattisgarh vs. DCIT, Central Circle-8, Delhi

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

ITA 1455/DEL/2025[2021-22]Status: DisposedITAT Delhi25 Jun 2025AY 2021-22

Bench: Shri Shamim Yahya & Shri Vimal Kumarwelcome Distilleries Private Limited, Vs. Dcit, Central Circle-8, 2Nd Floor, Agrasen Chowk, Delhi, Bilaspur, Chhatisgarh-495001 E-2, Ara Centre, (Pan: Aaacw3875A) Jhandewalan Extension, New Delhi (Appellant) (Respondent) Appellant By : Sh. Vijay Kumar Singh, Adv. & Ms. Piyushi Singh, Adv. Respondent By : Ms. Monika Singh, Cit(Dr) Date Of Hearing 25.06.2025 Date Of Pronouncement 25.06.2025 Order Per Shamim Yahya, Am : This Appeal Has Been Filed By The Assessee Against The Order Passed By The Cit(A), Delhi-25 On The Following Grounds:- 1. That On The Facts & Circumstances Of The Case & In Law, Impugned Order Dated 14.1.2025 Passed By The Ld. Cit(A) Under Section 250 Of The Act Is Illegal & Bad In Law. 2. The Ld. Cit(A) Has Erred In Law & On Facts In Dismissing The Appeal In Limini Without Deciding The Appeal On Merits On The Basis Of Grounds Of Appeal As Well As Statement Of Facts Even If The Appeal Was To Be Decided Exparte. 3. The Ld. Cit(A) Has Erred In Law & On Facts In Dismissing The Appeal Ex-Parte Ignoring The Fact That The Appellant / Assessee Had Duly Applied For Adjournment, Hence, The Order Of Dismissal Of Appeal For Non-Appearance Is Against The Principles Of Natural Justice.

For Appellant: Sh. Vijay Kumar Singh, Adv. & Ms. Piyushi Singh, AdvFor Respondent: Ms. Monika Singh, CIT(DR)
Section 250Section 80G

with the directions to decide the same afresh, after giving adequate opportunity of being heard to the assessee and pass a speaking order. Assesse is directed to file his written submissions, if any, in accordance with law, before the Ld. CIT(A) in order to canvass its case properly