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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

Nasimben Sadikbhai Kotadia, Bhanvad vs. Income Tax Officer, Dwarka

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

ITA 72/RJT/2025[2010-11]Status: DisposedITAT Rajkot30 Apr 2025AY 2010-11

Bench: Dr. Arjun Lal Saini, Am. आयकर अपील सं./Ita No.72/Rjt/2025 "नधा"रणवष" / Assessment Year: (2010-11) Nasimben Sadikbhai Kotadia Vs. Income Tax Officer Ward-1, Sahmandli Vistar, Post At- Bhanvad, Dwarka-361335 Jamnagar-361 010 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bphpk6343B (Appellant) (Respondent) Appellant By : None Respondent By : Shri Abhimanyu Singh Yadav , Ld. Sr. (Dr) Date Of Hearing : 11/03/2025 Date Of Pronouncement : 30/04/2025 आदेश / O R D E R Dr. Arjunlal Saini Am; Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2010-11, Is Directed Against The Order Passed By The Learned Commissioner Of Income-Tax (Appeals), Vide Order Dated 20/01/2025, Which In Turn Arises Out Of An Order Passed By The Assessing Officer Dated 28/12/2017, U/S 143(3) Rw.S. 144 Of The Income Tax Act, 1961. 2. At The Time Of Hearing, None Appeared On Behalf Of Assessee Nor Filed Any Application For Adjournment Despite Issuance Of Notice For Hearing, On The Address Given By The Assessee, In Form-36 & Ld.Senior Departmental Representative For The Respondent / Revenue Was Present. In Absence Of Any Application Filed By The Assessee / Appellant, The Appeal Is Disposed Of Ex Parte, After Hearing Ld.Sr-Dr On Merits In Terms Of Rule 24 Of Income Tax Appellate Tribunal Rules, 1963.

For Appellant: NoneFor Respondent: Shri Abhimanyu Singh Yadav , Ld. Sr. (DR)
Section 143(3)Section 250(6)

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 her stand forthwith. Therefore, I deem

Lalitaben Vikas Foundation, Rajkot vs. ITO Exemption WD 1, Rajkot

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

ITA 882/RJT/2024[2017-18]Status: DisposedITAT Rajkot30 Apr 2025AY 2017-18

Bench: Dr. Arjun Lal Saini, Am. आयकर अपील सं./Ita No.882/Rjt/2024 "नधा"रण वष"/Assessment Year: (2017-18) Lalitaben Vikas Foundation, Income Tax Officer, C/O Charma Shilp, Ward-1(Exemption), New Aaykar Bhawan, Vs Rajkot-360 001 Rajkot-360 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.:Aaatl2672 F (Appellant) (Respondent) Appellant By : Shri G.R. Sanghavi, Ar Respondent By : Shri Abhimanyu Singh Yadav, Sr. Dr Date Of Hearing : 12/03/2025 Date Of Pronouncement : 30/04/2025 आदेश / O R D E R Dr. Arjunlal Saini Am; Captioned Appeal Filed By Assessee Pertaining To Assessment Year 2017- 18, Is Directed Against Order Passed By Commissioner Of Income-Tax (Appeal)/Addl/Jcit(A)-1, Mumbai, Vide Order Dated 04.10.2024, Which In Turn Arises Out Of An Order Passed By The Centralized Processing Center (Cpc), Bangalore/Assessing Officer Dated 09.03.2019 U/S 143(1) Of The Income Tax Act, 1961. 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. The Learned Counsel For The Assessee, Submitted That There Was Delay In Filing The Appeal Before The Ld. Cit(A) By 44 Days. The Assessee Has Explained The Reasons Of Such Delay & Sufficient Cause For Such Delay, Stating That Assessment Order Itself Was Not Received On Time

For Appellant: Shri G.R. Sanghavi, ARFor Respondent: Shri Abhimanyu Singh Yadav, Sr. DR
Section 143(1)

case, in the interest of justice, I restore the matter back to the file of Ld. CIT(A) for fresh 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

Bvn Modular Designers (P) Ltd, Rajahmundry vs. Deputy Commissioner of Income Tax Circle-2, Rajahmundry

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

ITA 193/VIZ/2025[2017-18]Status: DisposedITAT Visakhapatnam30 Apr 2025AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Balakrishnan S.आ.अपी.सं /Ita No.193/Viz/2025 (निर्धारण वर्ा/Assessment Year: 2017-18) Bvn Modular Vs. Dy.Commissioner Of Designers(P.)Ltd. Income Tax Rajahmundry Circle-2 Rajamahendravaram [Pan : Aafcb3325H] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Gvn Hari, Ar (Through Hybrid Hearing) रधजस् व द्वधरध/Revenue By: Dr.Aparna Villuri, Dr सुिवधई की तधरीख/Date Of Hearing: 30/04/2025 घोर्णध की तधरीख/Date Of 30/04/2025 Pronouncement: आदेश / Order Per. Vijay Pal Rao: This Appeal Filed By The Assessee Is Directed Against The Order Dated 09.01.2025 Of Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”], National Faceless Appeal Centre, Gwalior For The Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal : 1) The Order Of The Learned Commissioner Of Income Tax (Appeal) Is Contrary To The Facts & Also The Law Applicable To The Facts Of The Case

For Appellant: Shri GVN Hari, ARFor Respondent: Dr.Aparna Villuri, DR
Section 143(3)

order of the Ld.CIT(A) and the matter is remanded to the record of the Ld.CIT(A) for fresh adjudication on merits by a speaking order after giving appropriate opportunity of hearing to the assessee. 6. In the result, appeal of the assessee is allowed for statistical purpose. Order pronounced

Dadi Venkata Rameswara Rao, Visakhapatnam vs. Income Tax Officer, Ward-2(1), Visakhapatnam

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

ITA 191/VIZ/2025[2017-18]Status: DisposedITAT Visakhapatnam30 Apr 2025AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Balakrishnan S.आ.अपी.सं /Ita No.191/Viz/2025 (निर्धारण वर्ा/Assessment Year: 2017-18) Dadi Venkata Rameswara Vs. Income Tax Officer Rao Ward-2(1) Visakhapatnam Visakhapatnam [Pan : Afhpd5141B] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Gvn Hari, Ar (Through Hybrid Hearing) रधजस् व द्वधरध/Revenue By: Dr.Aparna Villuri, Dr सुिवधई की तधरीख/Date Of Hearing: 30/04/2025 घोर्णध की तधरीख/Date Of 30/04/2025 Pronouncement: आदेश / Order Per. Vijay Pal Rao: This Appeal Filed By The Assessee Is Directed Against The Order Dated 24.01.2025 Of Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”], National Faceless Appeal Centre, Delhi For The Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal : 1) The Order Of The Learned Commissioner Of Income Tax (Appeal) Is Contrary To The Facts & Also The Law Applicable To The Facts Of The Case

For Appellant: Shri GVN Hari, ARFor Respondent: Dr.Aparna Villuri, DR
Section 69A

Rameswara Rao passing the impugned ex-parte order. Hence, in the facts and circumstances of the case, when the Ld.CIT(A) has not passed speaking order based on the records available with the AO, the impugned order of the Ld.CIT(A) is set aside and matter is remanded