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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

Sparten Granito Pvt. Ltd, Morvi vs. PCIT Rajkot-1, Rajkot

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

ITA 300/RJT/2024[2018-2019]Status: DisposedITAT Rajkot02 Jun 2025AY 2018-2019

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं/.Ita No.300/Rjt/2024 Assessment Year: 2018-19 Sparten Granito P. Ltd. Pr.Commissioner Of बनाम S.No.277/ B/H. Siyaram Granito Incometax-1 Jetpur Road, Rangpar Vs. Rajkot. Morbi. Pan : Aaxcs 7650 J (अपीलाथ"/Appellant) : (""यथ"/Respondent) "नधा"रतीक"ओरसे/Assessee By : Shri S.N. Soparkar, Sr.Adv-Ar राज"वक"ओरसे/Revenue By : Shri Sanjay Punglia, Ld.Cit-Dr सुनवाईक"तार"ख /Date Of Hearing : 03/03/2025 घोषणाक"तार"ख /Date Of Pronouncement : 02/06/2025 Order Per Dr. A. L. Saini, Am: By Way Of This Appeal, The Assessee Has Challenged The Correctness Of The Order Dated 31.03.2024, Passed By The Learned Principal Commissioner Of Income-Tax (In Short “Ld Pcit”) Under Section 263 Of The Income-Tax Act, 1961 (Hereinafter Referred To As 'The Act'), For The Assessment Year 2018-19.Grievances Raised By The Assessee, Which, Being Interconnected, Will Be Taken Up Together, Are As Follows:

For Appellant: Shri S.N. Soparkar, Sr.Adv-ARFor Respondent: Shri Sanjay Punglia, ld.CIT-DR
Section 143(3)Section 263

case, in the interest of justice, we restore the matter back to the file of Ld. PCIT for de novo adjudication and pass a speaking order after affording sufficient opportunity of being heard to the assessee, who in turn, is also directed to contest his stand forthwith. Therefore, we deem

The Karoli Cmp Society, Koti vs. Nwr-W-(37)(1), Railway Board Building

The appeal of the Assessee is treated as allowed for statistical purposes

ITA 62/CHANDI/2025[2020-21]Status: DisposedITAT Chandigarh30 May 2025AY 2020-21

Bench: Shri Sanjay Gargआयकरअपीलसं./Ita No.62/Chd/2025 िनधा"रणवष" / Assessment Year : 2020-21 बनाम The Karoli Cmp Society, Ito, Koti, Shimla. Ward-(1), Shimla. "थायीलेखासं./Pan No: Aahat-3138-Q अपीलाथ"/Appellant ""थ"/Respondent (Virtual Hearing ) िनधा""रतीकीओरसे/Assessee By : Sh. Rajiv Sood, C.A. राज"कीओरसे/ Revenue By : Dr. Ranjit Kaur, Addl. Cit, Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 27.05.2025 उदघोषणाकीतारीख/Date Of Pronouncement : 30-05-2025 आदेश/Order The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 14-11-2024 Passed By The Ld. Commissioner Of Income Tax, National Faceless Appeal Centre (Nfac), Delhi[Hereinafter Referred To As ‘Cit(A)’], For The Assessment Year 2020-21. 2. At The Outset, Ld. Counsel For The Assessee Has Submitted That The Impugned Order Of The Ld. Circle(A) Is Ex-Parte Of The Assessee. Learned Counsel Has Further Submitted That The Assessee-Society Did Not Receive Any Notice Of Hearing From The Ld. Cit(A). That The 2 Notices Have Been Allegedly Sent On Email, Which Did Not Come To The Notice Of The Employees Of The Assessee & Hence, The Case Of The Remained Unrepresented Before The Ld. Cit(A). Learned Counsel For The Assessee Has, Therefore Submitted That The Assesssee May Be Given An Opportunity To Present Its Case Before The Ld. Cit(A). Learned Counsel Has Further Submitted That The Assessee Has A Fair Case On Merits.

For Appellant: Sh. Rajiv Sood, C.AFor Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr. DR

will give proper and adequate opportunity to the Assessee to present his case and thereafter, decide the appeal by way of speaking order. It has also directed that the Assessee will be vigilant in noting emails sent by the Ld. CIT(A) and will promptly appear and furnish relevant documents

Manpreet Singh Randhawa, Malerkotla vs. Additional / Joint / Deputy / Ac / ITO, National Faceless Assessment Centyer

In the result, the appeal of the Assessee is treated as allowed for statistical purposes

ITA 29/CHANDI/2025[2014-2015]Status: DisposedITAT Chandigarh30 May 2025AY 2014-2015

Bench: Shri Sanjay Gargआयकरअपीलसं./Ita No.29/Chd/2025 िनधा"रणवष" / Assessment Year : 2014-15 बनाम Manpreet Singh Randhawa, The Ito, Village Dhiro Majra, Jabo Ward-1, Majra, Malerkotla. Malerkotla-148022 "थायीलेखासं./Pan No: Cnsps-5734-D अपीलाथ"/Appellant ""थ"/Respondent ( Physical Hearing ) िनधा""रतीकीओरसे/Assessee By : Sh. Deepinder Singh, Ca राज"कीओरसे/ Revenue By : Dr. Ranjt Kaur,Addl.Cit. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 26.05.2025 उदघोषणाकीतारीख/Date Of Pronouncement : 30-05-2025 आदेश/Order The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 12.12.2024 Passed By The Ld. Commissioner Of Income Tax, National Faceless Appeal Centre (Nfac), Delhi[Hereinafter Referred To As ‘Cit(A)’], For The Assessment Year 2014-15. 2. The Assessee In This Appeal Is Aggrieved By The Action Of The Ld. Cit(A) In Confirming The Addition Made By The Assessing Officer (A.O.) Of Rs. 35,00,000/-

For Appellant: Sh. Deepinder Singh, CAFor Respondent: Dr. Ranjt Kaur,Addl.CIT. Sr. DR

proper and adequate opportunity to the Assessee to present his case and thereafter, to decide the matter by way of passing a speaking order. 5. In the result, the appeal of the Assessee is treated as allowed for statistical purposes. Order pronounced on 30-05-2025. आदेशकी"ितिलिपअ"ेिषत/ Copy