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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

Assistant Commissioner of Income Tax, Chennai vs. Reji Abraham, Chennai

In the result, CO of the assessee vide CO-53/Chny/2024 is dismissed

ITA 1762/CHNY/2024[2011-12]Status: DisposedITAT Chennai23 Apr 2025AY 2011-12

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita-1762 / Chny/2024, Assessment Years-2011-12 आयकर अपील सं./Co-53 / Chny/2024, Assessment Years-2011-12 Assistant Commissioner Of Income Reji Abraham, Tax, Corp-Circle-1(1) No.113, Janapriya Crest, Chennai. Pantheon Road, Egmore, Chennai – 600 008. [Pan: Adqpr6864A] आयकर अपील सं./Co-53 / Chny/2024, Assessment Years-2011-12 Reji Abraham, Assistant Commissioner Of Income No.113, Janapriya Crest, Tax, Corp-Circle-1(1) Pantheon Road, Chennai. Egmore, Chennai – 600 008. [Pan: Adqpr6864A] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Mr. N.Arjun Raj, Advocate. प्रत्यर्थी की ओर से /Revenue By : Mr.Nathala Ravi Babu, Cit सुनवाई की तारीख/Date Of Hearing : 28.02.2025 घोषणा की तारीख /Date Of Pronouncement : 23.04.2025 आदेश / O R D E R Per Amitabh Shukla, A.M : The Below Mentioned Appeals Have Been Filed By The Revenue For Ay-2011-12 & Ay-2011-12 Contesting The Order Of Ld. First Appellate Authority Indicated Column-E, Herein Below:-

For Appellant: Mr. N.Arjun Raj, AdvocateFor Respondent: Mr.Nathala Ravi Babu, CIT
Section 2(22)

invoking provisions of section 2(22)(e ) of the act. It is the case of the Revenue that the order passed is not a speaking order and therefore it is perverse. The Revenue has also assailed the order on the premises of same being based upon misunderstanding of facts ... which was received by the assesssee on 21.7.2014. The assessee has submitted objections for reopening on 13.08.2014 and the same was overruled by a speaking order dt. 5.1.2015. Notice u/s 143(2) dt. 5.1.2015 was served on the assessee…..” 10.0 A bare perusal of the above clearly alludes that