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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

Empire Developers and Builders, Pune vs. ITO, Ward 3(1), Pune

In the result, appeal of the assessee is partly allowed in above terms

ITA 730/PUN/2025[2011-12]Status: DisposedITAT Pune20 May 2025AY 2011-12

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.730/Pun/2025 िनधा"रण वष" / Assessment Year: 2011-12 Empire Developers & V The Income Tax Officer, Builders, S Ward-3(1),Pune. Krishna Dham, 117+121/4B, Lane No.12, Prabhat Road, Pune – 411004. Maharashtra. Pan: Aabfe4291N Appellant/ Assessee Respondent / Revenue Assessee By Ms.Vaishnavi Badwe – Ar Revenue By Shri Ratnakar Shelake – Addl.Cit(Dr) Date Of Hearing 01/05/2025 Date Of Pronouncement 20/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] For A.Y.2011-12 Passed Under Section 250 Of The Income Tax Act On 23/01/2025 Emanating From The Order U/S.154 Dated 07/01/2019 Of The Act, 1961. The Assessee Has Raised Following Grounds Of Appeal : “1. The Ld. Ao Erred In Law & In Facts In Determining The Income Of The Appellant At Rs.35,01,876/-Instead Of Nil As Per The Return Of

Section 111a(2)Section 139Section 139(1)Section 142Section 143(1)Section 154Section 250Section 801BSection 80I

deduction under chapter VIA is not allowable.” 6.1 Thus, no specific reason is mentioned in the Order u/s.154 of the Act. It is non-speaking order. There is no application of mind before passing the order u/s.154 of the Act. 6.2 Ld.CIT (A) has dismissed the appeal on the ground

Kakoli Ganguly, Legal Heir of Haradhan Halder, Kolkata vs. ITO, Ward 12(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 314/KOL/2025[2012-2013]Status: DisposedITAT Kolkata20 May 2025AY 2012-2013

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.314/Kol/2025 Assessment Year: 2012-13 Kakoli Ganguly, Legal Heir Of Haradhan Halder.…………… ….……….Appellant 33, Banamanli Naskar Road, Kolkata – 700060. [Pan: Adypg8773F] Vs. Ito, Ward-12(1), Kolkata……………....................……........……...…..…..Respondent Appearances By: Shri Gaurav Mathur, Ca Appeared On Behalf Of The Assessee. Shri Archana Gupta, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 14, 2025 Date Of Pronouncing The Order : May 20, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 25.11.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, It Is Noted That There Is A Delay Of 14 Days In Filing The Instant Appeal Before The Tribunal. The Assessee Has Submitted An Application For Condonation Of Such Delay Explaining Reasons For The Delay. We, After Perusing The Petition Made In The Application, Satisfy That There Were Bona Fide & Sufficient Reasons For Such Delay. We, Therefore, Condone The Delay & Admit This Appeal For Adjudication.

Section 10(38)Section 142(1)Section 147Section 250Section 271(1)(c)

appear in remand proceedings, the ld. CIT(A) I.T.A. No.314/Kol/2025 Assessment Year: 2012-13 Kakoli Ganguly, Legal Heir of Haradhan Halder may pass a speaking order in accordance with law on the basis of materials available on record. 5. In terms of the above, the appeal of the assessee

Madhu Jayanti International Pvt. Ltd., Kolkata vs. Deputy Commissioner of Income Tax, Circle 4(1), Kolkata

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

ITA 2561/KOL/2024[2021-22]Status: DisposedITAT Kolkata19 May 2025AY 2021-22

Bench: Shri George Mathan & Shri Rakesh Mishraआयकर अपील सं/Ita No.2561/Kol/2024 (निर्धारण वर्ा / Assessment Year : 2021-2022) Madhu Jayanti International Vs Dcit, Circle-4(1), Kolkata Pvt. Limited, Biowonder, 15Th Floor, 789, Em Bypass, Anandapur East Kolkata Pan No. : Aabcm 7502 R (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By : Shri Hitesh Goyal, Ar रधजस्व की ओर से /Revenue By : Shri Praveen Kishore, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 19/05/2025 घोषणा की तारीख/Date Of Pronouncement : 19/05/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 17.10.2024, Passed U/S.143(3) R.W.S.144C(13) Read With Section 144B Of The Act By The Assessing Officer, Assessment Unit, Income Tax Department Passed In Din No.Itba/Ast/S/143(3)/2024-25/1069739762(1) For The Assessment Year 2021-2022. 2. Shri Hitesh Goyal, Ar Appeared On Behalf Of The Assessee. Shri Praveen Kishore, Cit-Dr Appeared On Behalf Of The Revenue. 3. The Assessee Has Filed An Adjournment Application Wherein It Is Mentioned That The Assessment Is Time Barred & The Assessee Is Relying Upon The Judgment Of The Hon’Ble Bombay High Court In The Case Of Shelf Drilling Ron Tappmeyer Limited Vs. Acit, Passed In W.P.No.2340 Of 2021. In The Adjournment Application He Has Also Mentioned That The Issue Is Now

For Appellant: Shri Hitesh Goyal, ARFor Respondent: Shri Praveen Kishore, CIT-DR
Section 143(3)Section 144BSection 92C

upon point-wise by the ld. DRP, the issues in this appeal are restored to the file of the ld. DRP for passing a speaking order after providing sufficient opportunity of being heard to the assessee. 3 6. In the result, appeal of the assessee is partly allowed for statistical