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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

Mr. Moorthy, Theni vs. ITO, Ward-1, Theni

In the result, the appeal is allowed for statistical purposes

ITA 464/CHNY/2025[2017-18]Status: DisposedITAT Chennai02 May 2025AY 2017-18

Bench: Shri George George K & Shri Amitabh Shuklaआयकर अपील सं./Ita No.464/Chny/2025 Assessment Years: 2017-18 Mr.Moorthy, Income Tax Officer, No.70/5, 17Th Kottu Street, Ward-1, Varsanadu, Theni, Theni Tamil Nadu-625 579. [Pan: Aklpm3306Q] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri D.Anand, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.Gowthami Manivasagam, Jcit सुनवाई की तारीख/Date Of Hearing : 23.04.2025 घोषणा की तारीख /Date Of Pronouncement : 02.05.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri D.Anand, AdvocateFor Respondent: Ms.Gowthami Manivasagam, JCIT
Section 144Section 69A

leading to his making the impugned addition u/s 144. We have however noted that the order passed by the Ld. AO is not a speaking order and clear facts have not been brought on records before making the impugned addition. There are also indications of no enquiries conducted ... before the Ld.CIT(A). Accordingly, we set aside the order of the Ld.CIT(A) and direct him to readjudicate de novo and issue a speaking order. He may call for remand report from the Ld.AO if deemed necessary. The assessee shall make due compliance to the statutory notices issued

Vattamalai Rathinasamy Anguraj, Tiruppur vs. ITO, Ward-2(1), Tiruppur

In the result, the appeal is allowed for statistical purposes

ITA 458/CHNY/2025[2017-18]Status: DisposedITAT Chennai02 May 2025AY 2017-18

Bench: Shri George George K & Shri Amitabh Shuklaआयकर अपील सं./Ita No.458/Chny/2025 Assessment Years: 2017-18 Vattamalai Rathinasamy Anguraj, Income Tax Officer, No.170, Vattamalai, Vattamalai Ward-2(1) Tiruppur, Avanashipalayampudur B.O. Tiruppur, Tamil Nadu-638 701. [Pan: Ahipa5395F] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri S.Bhupendran, Advocate(Virtual) प्रत्यर्थी की ओर से /Revenue By : Ms.Gowthami Manivasagam, Jcit सुनवाई की तारीख/Date Of Hearing : 23.04.2025 घोषणा की तारीख /Date Of Pronouncement : 02.05.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri S.Bhupendran, Advocate(Virtual)For Respondent: Ms.Gowthami Manivasagam, JCIT
Section 144Section 69A

leading to his making the impugned addition u/s 144. We have however noted that the order passed by the Ld. AO is not a speaking order and clear facts have not Page - 2 - of 4 been brought on records before making the impugned addition. There are also indications ... direct the Ld. AO to readjudicate the matter de novo by examining the matter afresh in accordance with law and by passing a speaking order. Reliance in this regard is placed upon the decision of Hon’ble Apex Court in the case

Abuthahir Safiullah, Chennai vs. ITO, Ncw-12(1), Chennai

In the result, the appeal is allowed for statistical purposes

ITA 449/CHNY/2025[2011-12]Status: DisposedITAT Chennai02 May 2025AY 2011-12

Bench: Shri George George K & Shri Amitabh Shuklaआयकर अपील सं./Ita No.449/Chny/2025 Assessment Years: 2011-12 Abuthahir Safiullah, Income Tax Officer, No.53/27, Thambu Chetty Street, Non-Corp Ward-12(1)-Che, Mannady, Chennai-600 001. Chennai. [Pan: Avkps7876B] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri Abhishek Murali, C.A. प्रत्यर्थी की ओर से /Revenue By : Ms.Gouthami Manivasagam, Jcit सुनवाई की तारीख/Date Of Hearing : 24.04.2025 घोषणा की तारीख /Date Of Pronouncement : 02.05.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri Abhishek Murali, C.AFor Respondent: Ms.Gouthami Manivasagam, JCIT
Section 144

leading to his making the impugned addition u/s 144. We have however noted that the order passed by the Ld. AO is not a speaking order and clear facts have not been brought on records before making the impugned addition. There are also indications of no enquiries conducted ... direct the Ld. AO to readjudicate the matter de novo by examining the matter afresh in accordance with law and by passing a speaking order. Reliance in this regard is placed upon the decision of Hon’ble Apex Court in the case

Sivanandam Sankar, Salem vs. ACIT, Circle-I, Hosur

In the result, the appeal is allowed for statistical purposes

ITA 396/CHNY/2025[2017-18]Status: DisposedITAT Chennai02 May 2025AY 2017-18

Bench: Shri George George K & Shri Amitabh Shuklaआयकर अपील सं./Ita No.396/Chny/2025 Assessment Years: 2017-18 Sivanandam Sankar, Assistant Commissioner Of No.3/2-B Sanyasigundu Road, Income Tax, Kitchipalayam, Salem, Circle-1, Tamil Nadu-636 001 Hosur. [Pan: Awgps5742P] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri N.Chandrasekar, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.Gouthami Manivasagam, Jcit सुनवाई की तारीख/Date Of Hearing : 24.04.2025 घोषणा की तारीख /Date Of Pronouncement : 02.05.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri N.Chandrasekar, AdvocateFor Respondent: Ms.Gouthami Manivasagam, JCIT
Section 69A

assessee leading to his making the impugned addition. We have however noted that the order passed by the Ld. AO is not a speaking order and clear facts have not been brought on records before making the impugned addition. There are also indications of no enquiries conducted by the Ld.AO ... direct the Ld. AO to readjudicate the matter de novo by examining the matter afresh in accordance with law and by passing a speaking order. Reliance in this regard is placed upon the decision of Hon’ble Apex Court in the case

G. Ramachandran, Cuddalore vs. Income Tax Officer, Cuddalore

In the result, the appeal is allowed for statistical purposes

ITA 3194/CHNY/2024[2012-13]Status: DisposedITAT Chennai02 May 2025AY 2012-13

Bench: Shri George George K & Shri Amitabh Shuklaआयकर अपील सं./Ita No.3194/Chny/2024 Assessment Years: 2012-13 G.Ramachandran, Income Tax Officer, No.9 Pazhani Nagar, Padirikuppam Post, Che-W-(181)(1), Kuthapakkam, Cuddalore, Chennai. Tamil Nadu-607 002. [Pan: Avfpr5530G] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri D.Anand, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.Gouthami Manivasagam, Jcit सुनवाई की तारीख/Date Of Hearing : 24.04.2025 घोषणा की तारीख /Date Of Pronouncement : 02.05.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri D.Anand, AdvocateFor Respondent: Ms.Gouthami Manivasagam, JCIT
Section 144Section 69A

leading to his making the impugned addition u/s 144. We have however noted that the order passed by the Ld. AO is not a speaking order and clear facts have not been brought on records before making the impugned addition. There are also indications of no enquiries conducted ... direct the Ld. AO to readjudicate the matter de novo by examining the matter afresh in accordance with law and by passing a speaking order. Reliance in this regard is placed upon the decision of Hon’ble Apex Court in the case