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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

Ashokkumar Bhulabhai Rathod, Mahuva vs. NFAC, Delhi Current Jurisdiction - ITO Ward 1 Bardoli, Bardoli

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

ITA 1255/SRT/2024[2015-16]Status: DisposedITAT Surat19 Jun 2025AY 2015-16

Bench: Shri Tr Senthil Kumar & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.1253 To 1255/Srt/2024 Assessment Years: 2013-14 To 2015-16) (Hybrid Hearing) Ashokkumar Bhulabhai Rathod Nfac, Delhi Current Opp. Reliance Tower, Vs Jurisdiction-Income Tax Officer, Karcheliya, Mahuva-394 240 . Ward No.1, Bardoli, Income-Tax Office, 2Nd Floor, Opp. Jalaram Temple, Station Road, Bardoli- 394 601 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Abxpr 3858 F (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Rasesh Shah, Ca राज" की ओर से /Respondent By Ms. Neerja Sharma, Sr-Dr सुनवाई की तारीख/Date Of Hearing 07/05/2025 उद्घोषणा की तारीख/Date Of Pronouncement 19/06/2025 आदेश / O R D E R Per Bench: These Three Appeals By The Assessee Emanate From The Separate Orders Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, ‘The Act’) All Dated 30.09.2024 By The National Faceless Appeal Centre (Nfac),Delhi/Commissioner Of Income-Tax (Appeals) [In Short, ‘Nfac/Ld. Cit(A)’] For The Assessment Years (Ay) 2013-14, 2014-15 & 2015-16, Which In Turn Arose Out Of Separate Assessment Orders Passed By Assessing Officer (In Short, ‘Ao’) U/S 147 R.W.S. 144 R.W.S. 144B Of The Act Dated 24.05.2023, 18.05.2023 & 19.05.2023. Since Facts Are Same Except Variance Of Amounts, With Consent Of The Parties, The Appeals Were Heard Together & A Common

Section 147Section 148Section 148ASection 250Section 69A

circumstances of the case as well as law on the subject, the learned CIT(A) has erred in dismissing the appeal without passing speaking order. 3. On the facts and in the circumstances of the case as well as law on the subject, the learned Assessing Officer has erred

Ashokkumar Bhulabhai Rathod, Mahuva vs. NFAC, Delhi Current Jurisdiction - ITO Ward - 1, Bardoli

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

ITA 1254/SRT/2024[2014-15]Status: DisposedITAT Surat19 Jun 2025AY 2014-15

Bench: Shri Tr Senthil Kumar & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.1253 To 1255/Srt/2024 Assessment Years: 2013-14 To 2015-16) (Hybrid Hearing) Ashokkumar Bhulabhai Rathod Nfac, Delhi Current Opp. Reliance Tower, Vs Jurisdiction-Income Tax Officer, Karcheliya, Mahuva-394 240 . Ward No.1, Bardoli, Income-Tax Office, 2Nd Floor, Opp. Jalaram Temple, Station Road, Bardoli- 394 601 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Abxpr 3858 F (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Rasesh Shah, Ca राज" की ओर से /Respondent By Ms. Neerja Sharma, Sr-Dr सुनवाई की तारीख/Date Of Hearing 07/05/2025 उद्घोषणा की तारीख/Date Of Pronouncement 19/06/2025 आदेश / O R D E R Per Bench: These Three Appeals By The Assessee Emanate From The Separate Orders Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, ‘The Act’) All Dated 30.09.2024 By The National Faceless Appeal Centre (Nfac),Delhi/Commissioner Of Income-Tax (Appeals) [In Short, ‘Nfac/Ld. Cit(A)’] For The Assessment Years (Ay) 2013-14, 2014-15 & 2015-16, Which In Turn Arose Out Of Separate Assessment Orders Passed By Assessing Officer (In Short, ‘Ao’) U/S 147 R.W.S. 144 R.W.S. 144B Of The Act Dated 24.05.2023, 18.05.2023 & 19.05.2023. Since Facts Are Same Except Variance Of Amounts, With Consent Of The Parties, The Appeals Were Heard Together & A Common

Section 147Section 148Section 148ASection 250Section 69A

circumstances of the case as well as law on the subject, the learned CIT(A) has erred in dismissing the appeal without passing speaking order. 3. On the facts and in the circumstances of the case as well as law on the subject, the learned Assessing Officer has erred

Ashokkumar Bhulabhai Rathod, Mahuva vs. NFAC, Delhi Current Jurisdiction - ITO Ward 1, Bardoli

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

ITA 1253/SRT/2024[2013-14]Status: DisposedITAT Surat19 Jun 2025AY 2013-14

Bench: Shri Tr Senthil Kumar & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.1253 To 1255/Srt/2024 Assessment Years: 2013-14 To 2015-16) (Hybrid Hearing) Ashokkumar Bhulabhai Rathod Nfac, Delhi Current Opp. Reliance Tower, Vs Jurisdiction-Income Tax Officer, Karcheliya, Mahuva-394 240 . Ward No.1, Bardoli, Income-Tax Office, 2Nd Floor, Opp. Jalaram Temple, Station Road, Bardoli- 394 601 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Abxpr 3858 F (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Rasesh Shah, Ca राज" की ओर से /Respondent By Ms. Neerja Sharma, Sr-Dr सुनवाई की तारीख/Date Of Hearing 07/05/2025 उद्घोषणा की तारीख/Date Of Pronouncement 19/06/2025 आदेश / O R D E R Per Bench: These Three Appeals By The Assessee Emanate From The Separate Orders Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, ‘The Act’) All Dated 30.09.2024 By The National Faceless Appeal Centre (Nfac),Delhi/Commissioner Of Income-Tax (Appeals) [In Short, ‘Nfac/Ld. Cit(A)’] For The Assessment Years (Ay) 2013-14, 2014-15 & 2015-16, Which In Turn Arose Out Of Separate Assessment Orders Passed By Assessing Officer (In Short, ‘Ao’) U/S 147 R.W.S. 144 R.W.S. 144B Of The Act Dated 24.05.2023, 18.05.2023 & 19.05.2023. Since Facts Are Same Except Variance Of Amounts, With Consent Of The Parties, The Appeals Were Heard Together & A Common

Section 147Section 148Section 148ASection 250Section 69A

circumstances of the case as well as law on the subject, the learned CIT(A) has erred in dismissing the appeal without passing speaking order. 3. On the facts and in the circumstances of the case as well as law on the subject, the learned Assessing Officer has erred

Danadjeane, Pondicherry vs. ITO, Ward-1, Pondicherry

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

ITA 1095/CHNY/2025[2017-18]Status: DisposedITAT Chennai19 Jun 2025AY 2017-18

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.1095/Chny/2025 Assessment Years: 2017-18 Danadjeane, Income Tax Officer, No.28, Pillaiar Koil Street, Ward-1 Embalam, Pondicherry. Pondichery [Pan: Aqipd2440H] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Mr.P.M.Kathir, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.Anitha, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 17.06.2025 घोषणा की तारीख /Date Of Pronouncement : 19.06.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Mr.P.M.Kathir, AdvocateFor Respondent: Ms.Anitha, Addl.CIT

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