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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

Precision Hydraulics Private Limited, Thiruvallur vs. The Deputy Commissioner of Income-Tax, Corporate Circle 5(2), Chennai

In the result, appeal of the assessee is partly allowed

ITA 506/CHNY/2025[2016-17]Status: DisposedITAT Chennai16 May 2025AY 2016-17

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.506/Chny/2025 Assessment Years: 2016-17 Precision Hydraulics Private Limited, The Deputy Commissionner Of No.83,84 & 117, Income Tax, Sipcot Industrial Complex, Corporate Circle-5(2) Export Promotion Industrial Park, Chennai. Gummidipoondi, Tiruvallur Dist, Tamil Nadu-601201. [Pan: Aadcp7054M] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri Sandeep Pincha, C.A, प्रत्यर्थी की ओर से /Revenue By : Shri N.Rajakumar, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 13.05.2025 घोषणा की तारीख /Date Of Pronouncement : 16.05.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri Sandeep Pincha, C.AFor Respondent: Shri N.Rajakumar, Addl.CIT
Section 68

have heard rival submissions in the light of material available on records. We have noted that the Ld.AO has not passed a speaking order while making the impugned additions. The Ld.CIT(A) has also not given any reasoned findings before confirming the order of the Ld.AO. It is the case ... direct the Ld. assessing officer to reconsider the entire issue after affording due opportunity of being heard to the assessee and by passing a speaking order, in accordance with law. The assessee shall be bound to comply with all the statutory notices issued by the learned assessing officer

Kirti Shantilal Solanki, Una-Dist. Gir Somnath vs. Income Tax Officer Ward-4, Jnd-Veraval

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

ITA 100/RJT/2025[2017-18]Status: DisposedITAT Rajkot15 May 2025AY 2017-18

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./ Ita No.100/Rjt/2025 "नधा"रण वष"/Assessment Year : 2017-18 Kirti Shantilal Solanki Income Tax Officer, बनाम/ Prop. Of M/S Navinchanda & Ward-4, Jnd, Veraval, Vs Co. Main Bazar, Library Yogeshwar Bhavan, Opp. S.T. Chowk, Una Dist. Gir Bus Stand, Veraval-362 265 Somnath-362 560 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bscps 8298 F (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri R.D. Lalchandani, Ar राज"व क" ओर से/Revenue By : Shri Dheeraj Kumar Gupta, Sr-Dr सुनवाई क" तार"ख /Date Of Hearing : 14/05/2025 घोषणा क" तार"ख /Date Of Pronouncement : 15/05/2025 आदेश/Order Per Dr. Arjun Lal Saini, A.M Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2017-18, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals), Dated 17.12.2024, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 144 Of The Act, On 19.12.2019. 2. At The Outset Itself, Shri R.D. Lalchandani, The Ld. Counsel For The Assessee Assailed The Impugned Order By Contending That The Assessee Could Not Represent His Case Before Ld. Cit(A) & The Order Being An Ex-Parte Order, Stood Vitiated On Account Of Violation Of Principle Of Natural Justice. Shri R.D.

For Appellant: Shri R.D. Lalchandani, ARFor Respondent: Shri Dheeraj Kumar Gupta, Sr-DR
Section 144Section 250Section 250(6)

case. Therefore, in the interest of justice, I restore the matter back to the file of Ld.CIT(A) to pass a fresh and speaking order after affording sufficient opportunity of being heard to the assessee. The assessee is also directed to contest his stand forthwith and file the required documents

Tulsidas Chelaram Vidhani, Jamnagar vs. Income Tax Officer, Jamnagar

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

ITA 837/RJT/2024[2016-17]Status: DisposedITAT Rajkot15 May 2025AY 2016-17

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No. 837 / Rjt / 2024 "नधा"रण वष" / Assessment Year: (2016-17) Tulsidas Chelaram Vidhani Income Tax Officer, D – 45, Gandhinagar – Jamnager-61008 Vs. Ward-2(1), Jamnagar - 361008 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Adtpv6834F (Appellant) (Respondent) Appellant By : Shri Sagar Shah, Ld. Ar Respondent By : Shri Dheeraj Kumar Gupta, Ld. Sr. Dr Date Of Hearing : 14/05/2025 Date Of Pronouncement : 15/05/2025 आदेश / O R D E R Per,Dr. Arjun Lal Saini Am; Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2016-17, Is Directed Against The Order Passed Under Section 250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As “The Act”) By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income Tax(Appeal), Dated 29.08.2024, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 147 R.W.S. 144B Of The Act, On 19.05.2023. 2. At The Outset Itself, The Ld. Counsel For The Assessee Assailed The Impugned Order By Contending That The Assessee Could Not Represent His Case Before Ld. Cit(A) & The Order Being An Ex-Parte Order, Stood Vitiated On Account Of Violation Of Principle Of Natural Justice. During The Appellate Proceedings, The Notices Were Not Served On The Assessee, Therefore, Assessee Could Not Submit Relevant Documents & Evidences Before The Ld.Cit(A). Now, The Assessee Wish To Submit Some More Additional Evidences Before The Assessing Officer. Tulsidas Chelaram Vidhani V. Ito

For Appellant: Shri Sagar Shah, Ld. ARFor Respondent: Shri Dheeraj Kumar Gupta, Ld. Sr. DR
Section 147Section 250

r.w.s.144B of the Act and the impugned order passed by the ld. CIT(A), is an ex- parte order and non-speaking order, therefore, I do not wish to make any comments on the merits of the grounds raised by the assessee. Considering the above facts, I note that assessee ... case, in the interest of justice, I restore the matter back to the file of assessing officer 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, I deem

Srinivasa Rao Chunduri, Tanuku vs. The Income Tax Officer, Ward-2, Tanuku

In the result, appeal of the assessee is allowed

ITA 235/VIZ/2024[2013-14]Status: DisposedITAT Visakhapatnam15 May 2025AY 2013-14

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.235/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2013-14) Srinivasa Rao Chunduri V. Income Tax Officer – Ward – 2 D.No. 33-8-20(4), Satya Homes Income Tax Office Kanchi Raju Vari Street Aayakar Bhavan Babu Gari Street, Tanuku – 534211 Sajjapuram, Tanuku – 534211 Andhra Pradesh Andhra Pradesh [Pan:Adwpc3135D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Shri Gvn Hari, Advocate राजस्व का प्रतततितित्व/ Department Represented By : Dr. Aparna Villuri, Sr. Ar

Section 143(2)Section 147Section 148Section 154Section 250Section 50CSection 54F

appeal before Ld. CIT(A), Rajamahendravaram. Ld. CIT(A), Rajamahendravaram vide his order dated 13.08.2019 affirmed that Ld. AO has not passed a speaking order for disposing the objections of the assessee for reopening of the case before proceeding with the assessment and therefore the re-assessment under section ... issuance of notice under section 148 of the Act. However, he submitted that Ld. AO vide letter dated 07.03.2018 has not passed a speaking order regarding the second objection of allowance of deduction under section 54F of the Act but has only sought for clarification and information from the assessee