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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

M/S. B.R. Dutta, Rampurhat, Birbhum vs. I.T.O., Ward - 3(1), Suri

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

ITA 29/KOL/2025[2014-2015]Status: DisposedITAT Kolkata13 Jun 2025AY 2014-2015

Bench: Shri Duvvuru Rl Reddym/S B R Dutta Vs Ito, Ward-3(1), Suri-731101 Shibtalla Para, Rampurhat, Birbhum-731224 Pan No. :Aahfb 7626 E (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri A.K.Tibrewal, Ar रधजस्व की ओर से /Revenue By : Shri Kallol Mistry, Jcit, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 23/04/2025 घोषणा की तारीख/Date Of Pronouncement : 13/06/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dated 08.11.2024 Passed For Assessment Year 2014-15, On The Following Grounds Of Appeal :- 1. That The Ld. Commissioner Of Income Tax (Appeals), Nfac Erred In Confirming The Disallowance Of Rs. 13,60,796 Made By Ld. Income Tax Officer, Ward 3(1), Suri Invoking The Provisions Of Section 40(A)(Ia) Of The Income Tax Act, 1961 For Failure Of The Assessee To Deduct Tax At Source On The Payments Made To Tata Capital Financial Services Limited Although The Said Tata Capital Financial Services Limited Had Declared The Receipt Of Income In Their Return Of Income & Paid Taxes Thereon. 2. That The Impugned Order Passed By Ld. Commissioner Of Income Tax (Appeals) Is Against Law & Facts Of The Case. 2. Brief Facts Of The Case Are That Assessee Was Filed Return Of Income Declaring A Total Income Of Rs.3,90,520/-. The Assessee Is A Wholesaler/Distributor Of Fertilizer, Pesticides & Maintains Regular Books Of A/Cs. Which Is Audited U/S. 44Ab Of The 1.T. Act, 1961. The Assessee Has Debited As Amount Of 13,60,796/- To The Profit & Loss A/C. For Payment Of 2

For Appellant: Shri A.K.Tibrewal, ARFor Respondent: Shri Kallol Mistry, JCIT, Sr.DR
Section 143(3)Section 194ASection 201(1)Section 40Section 44A

remit the matter 4 ITANo.29/KOL/2025 back to the file of ld. Assessing Officer to examine this issue afresh and pass appropriate speaking order after providing sufficient opportunity of being heard to the assessee. At the same breath, I also hereby caution the assessee to promptly co-operate with the proceedings

Shambhu Dasgupta, Dalkhola vs. Income Tax Officer, Raiganj

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

ITA 221/KOL/2025[2017-18]Status: DisposedITAT Kolkata13 Jun 2025AY 2017-18

Bench: Shri Duvvuru Rl Reddyआयकर अपील सं/Ita No.221/Kol/2025 (नििाारण वर्ा / Assessment Year : 2017-18) Shambhu Dasgupta Vs Income Tax Officer, It Office, Sbi Building, Subhaspally, Dalkhola, Karnojhora, Raiganj, Karandighi, Uttar Dinajpur, West Bengal-733201 Pan No. : Ciwpd 4351 D (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Chandan Sanghai, Ar राजस्व की ओर से /Revenue By : Shri Abhijit Adhikary, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 06/05/2025 घोषणा की तारीख/Date Of Pronouncement : 13/05/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Nfac Delhi Dated 18.11.2024 Passed For Assessment Year 2017-18. 2. At The Outset, On Perusal Of The Appeal Record, I Find That The Appeal Of The Assessee Is Filed Belatedly By 10 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Sufficient Reasons For Delay In Filing The Appeal. In The Said Affidavit, The Assessee Has Sworn That The Assessee Was Suffering From Some Health Issues From 04.01.2025 To 17.01.2025 & Was Under Medical Treatment During This Period, Which Caused The Delay In Filing The Appeal Before The Tribunal Within The Stipulated Period. In Support Of The Same, The Assessee Has Also Enclosed Medical Certificate. Ld. Sr. Dr Also Did Not Raise Any Objection To Condone The Delay. Considering The Facts

For Appellant: Shri Chandan Sanghai, ARFor Respondent: Shri Abhijit Adhikary, Sr. DR
Section 144Section 69A

assessment proceedings. It was also the submission that in the appeal, the ld. CIT(A) dismissed the appeal of the assessee without passing a speaking order. It was also submitted that the assessee may be given one more opportunity to represent its case before the Assessing Officer, so that