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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

Paschim Nawpara Samabay Krishi Unnayan Samity Limited, Nadia vs. ITO, Ward - 41(3), Nadia

The appeal of the assessee is allowed for statistical purposes

ITA 39/KOL/2025[2017-18]Status: DisposedITAT Kolkata15 May 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.39/Kol/2025 Assessment Year: 2017-18 Paschim Nawpara Samabay Krishi Unnayan Samity Limited...….……….Appellant Nawpara, Noapara B.O. Paschim Noapara, Nadia, 741255, W.B. [Pan: Aadap3765F] Vs. Ito, Ward-41(3), Nadia…………….....................……........……...…..…..Respondent Appearances By: Shri P. K. Ray, R.C. Halder & Trideep Nayak, Advocates, 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 15, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 24.01.2024 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 282 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 Are Bona Fide & Sufficient Reasons For Such Delay. We, Therefore, Condone The Delay & Admit This Appeal For Adjudication. 3. Brief Facts Of The Case Are That The Assessing Officer Received Information Regarding Cash Deposits Made By The Assessee During The Period Of Demonetization I.E. From 09.11.2016 To 31.12.2016 Amounting To Rs.2,46,000/- & Rs.8,48,500/- Maintained With Nadia District Central Co-Op Bank Ltd., Ranaghat Branch, Nadia & Rs.2,19,500/-

Section 115BSection 133(6)Section 142(1)Section 250Section 250(6)Section 271ASection 69A

fresh adjudication after giving reasonable opportunity of being heard to the assessee to present its case and to pass a speaking order. We also direct the assessee to strictly comply with the notices issued by the ld. CIT(A) without any fail and furnish all relevant documents to substantiate

The District Magistrate, Badaun vs. ITO (TDS), Moradabad

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 4775/DEL/2019[2010-11]Status: DisposedITAT Delhi15 May 2025AY 2010-11

Bench: Shri Shamim Yahya & Shri Vimal Kumarasstt. Year : 2010-11 The District Magistrate, Badaun, Vs. Ito (Tds), Collectorate Compound, Badaun, Aayakar Bhawan, Civil Lines, Uttar Pradesh – 243601 Moradabad, Uttar Pradesh-244001 (Pan: Lknd0606E) (Appellant) (Respondent) Appellant By : None Respondent By : Sh. Ram Kishan Meena, Sr. Dr. Date Of Hearing 15.05.2025 Date Of Pronouncement 15.05.2025 Order Per Shamim Yahya, Am : This Appeal Has Been Filed By The Assessee Against The Order Dated 23.01.2019 Passed By The Ld. Cit(A), Moradabad. 2. In This Case, Order Dated 31.03.2017 Was Passed U/S. 206C(6A) Of The Act By The Ito-Tds, Moradabad For The Assessment Year 2010-11 By Imposing The Total Tax Liability Of Rs. 8,13,688/- & Assessed The Income On The Same Amount. In Appeal, There Is A Delay Of 350 Days In Filing The Appeal Before The Ld. Cit(A), Ld. Cit(A) Noted The Following Submission Of The Assessee:- “There Was A Delay Of 350 Days & It Was Due To The Fact That Order Was Served On D.M. Office & Which Was Not Conveyed To Mining Officer Mr. Narender Kumar. It Came To His Knowledge In September, 2017 & Due To The Fact That The Time Was Consumed In Empanelment & Appointment Of Counsel. That Further The Delay Was Due To The Procedure Of Online Registration For Filing Appeal.”

For Appellant: NoneFor Respondent: Sh. Ram Kishan Meena, Sr. DR
Section 206C

directions to decide the same afresh, after giving adequate opportunity of being heard to the 2 | P a g e assessee and pass a speaking order. Ld. DR did not have any objection to the said proposition. 7. In the result, the appeal filed by the assessee is allowed

All India Council for Human Rights Liberties and Social Justice, Delhi vs. CIT Exemption, Delhi

In the result, the Assessee’s appeal is allowed for statistical purposes

ITA 793/DEL/2025[2025-26]Status: DisposedITAT Delhi14 May 2025AY 2025-26

Bench: Shri Mahavir Singh & Shri Manish Agarwalasstt. Year : 2025-26 All India Council For Human Vs. Cit (Exemptions) Rights Liberties & Social Civic Centre, New Delhi Justice, H-10, Basement Ndse Part-I, New Delhi – 49 (Pan: Aacaa6105H) (Appellant) (Respondent) Appellant By : None Respondent By : Sh. Dayainder Singh Sidhu, Cit(Dr) Date Of Hearing 14.05.2025 Date Of Pronouncement 14.05.2025 Order Per Mahavir Singh: This Appeal Has Been Filed By The Assessee Against The Order Dated 13.12.2024 Passed By The Cit (Exemption), New Delhi For The Assessment Year 2025-26. 2. None Appeared On Behalf Of The Assessee, Hence, We Are Proceeding The Appeal Exparte Qua The Assessee. 3. We Have Heard The Ld. Dr & Perused The Records. Upon Careful Consideration, We Find That It Was The Contention Of The Assessee That Ld. Cit(E) Erred In Holding That The Information Sought In The Questionnaire Was Applicable To Trusts That Were Not Registered Under Section 80G Under The Old Law Before The 2021 Amendment. However, The Assessee Trust Was Already Registered Under Section 80G

For Appellant: NoneFor Respondent: Sh. Dayainder Singh Sidhu, CIT(DR)
Section 80G

directions to carefully examine the aforesaid aspect of the assessee/applicant and then decide the issues in dispute afresh, after passing a reasonable and speaking order, in accordance with law. Needless to add that the assessee should be given adequate opportunity of being heard to the assessee. Assessee is also directed

Jalandhar Amritsar Tollways Ltd, New Delhi vs. DCIT Circle 13(1), New Delhi

In the result, the Assessee’s appeal is allowed for statistical purposes

ITA 1177/DEL/2023[2013-14]Status: DisposedITAT Delhi14 May 2025AY 2013-14

Bench: Shri Mahavir Singh & Shri Manish Agarwalasstt. Year : 2013-14 Jalandhar Amritsar Tollways Ltd. Vs. Dy Cit, Circle 13(1), 92, 1St Floor, Green Park Extension, Room No. 316A, New Delhi – 16 C.R. Building, (Pan: Aabcj6270F) I.P. Estate, New Delhi-2 / (Appellant) (Respondent) Appellant By : Sh. Kalyana Sundar, Ca Respondent By : Sh. Dayainder Singh Sidhu, Cit(Dr) Date Of Hearing 14.05.2025 Date Of Pronouncement 14.05.2025 Order Per Mahavir Singh: This Appeal Has Been Filed By The Assessee Against The Order Dated 04.10.2019 Passed By The Cit (A), New Delhi For The Assessment Year 2013-14. 2. Heard Both The Parties & Perused The Records. 3. At The Outset, Ld. Ar For The Assessee Submitted That Ld. Cit(A) Has Erred Both On Facts & In Law In Passing The Order Without Providing Reasonable Opportunity Of Being Heard To The Assessee. He Further Submitted That Ld. Cit(A) Has Dismissed The Appeal Of The Assessee On Account Of Non-Prosecution & Even Not Decided The Matter On Merits Of The Case. Hence, It Was Prayed That The Matter May Be Remitted Back To The File Of The Ld. Cit(A) With The Directions To Decide The Issues In Dispute

For Appellant: Sh. Kalyana Sundar, CAFor Respondent: Sh. Dayainder Singh Sidhu, CIT(DR)

justice, we remit back the issues in dispute to the file of the Ld. CIT(A) with the directions to pass a reasonable and speaking order on the issues in dispute, after giving adequate opportunity of being heard to the assessee, for which ld. DR has no objection. Assessee