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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

Sanskritik Mandal, Ahmednagar vs. DCIT Exemption, Ahmednagar

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

ITA 2584/PUN/2024[-]Status: PendingITAT Pune11 Mar 2025

Bench: Dr.Manish Borad & Ms.Astha Chandraआयकर अपील सं. / Ita No.2584/Pun/2024 िनधा"रण वष" / Assessment Year: N.A. Sanskritik Mandal, V The Commissioner Of At Dnyaneshwar Nagar, S Income Tax, Dnyaneshwar Ssk Ltd., Exemption, Pune. Post Bhende Sk, New Asan, Ahmednagar – 414605. Pan: Aabts1957M Appellant / Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte – Ar Revenue By Shri Ajay Kumar Keshari – Dr Date Of Hearing 13/02/2025 Date Of Pronouncement 11/03/2025 आदेश/ Order Per Dr. Manish Borad, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Exemption), Pune Rejecting The Application For Grant Of Registration U/S.80G Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’). “1. On The Facts & In The Circumstances Of The Case & In Law Ld.Cit Exemption Has Erred In Not Granting Registration U/S 80G(5)(Vi) Without Appreciating The Facts Of The Case. Your Appellant Prays For Grant Of Such Registration U/S S 80G(5)(Iv) Of It Act.

Section 80GSection 80G(5)Section 80G(5)(vi)

institution with a direction to adjudicate the subject matter denovo in accordance with law after providing three effective opportunities and pass a speaking order. The Assessee is directed to provide correct Email-Id to the Department for getting notices through ITBA portal. Assessee is also directed to remain vigilant

Ms Imsofer Manufacturing India Private Limited (Now Known As Ferrero India Private Limited), Pune vs. Deputy Commissioner of Income Tax, Circle 1(1)– Pune and National Faceless Assessment Centre, Delhi, Pune and NFAC (Delhi)

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

ITA 1316/PUN/2024[2012-13]Status: DisposedITAT Pune11 Mar 2025AY 2012-13

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1316/Pun/2024 िनधा"रण वष" / Assessment Year : 2012-13 M/S. Imsofer Manufacturing Vs. Dcit, Circle-1(1), Pune. India Private Limited (Now Known As Ferrero India Private Limited), World Trade Center, 8Th Floor, Tower-3, Kharadi- 411014. Pan : Aabci6450N Appellant Respondent Assessee By : Shri Siddhesh Chaugule & Nagma Gupta Revenue By Shri Amol Khairnar : Date Of Hearing : 18.12.2024 Date Of Pronouncement : 11.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.04.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2012-13. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “General Grounds: 1. On The Facts & Circumstances Of The Case & In Law, The Hon. Cit(A) Has Erred In Passing Order Under Section 250 Of The Act I.E. Levying Penalty Of Inr 3,55,82,949/-. Legal Grounds:

For Appellant: Shri Siddhesh Chaugule &
Section 154Section 250Section 251Section 271(1)(c)Section 275(1)(A)

facts and circumstances of the case and in law, the Hon. CIT(A) has erred in levying penalty without passing the proper speaking order. The Appellant craves leave to add to, or alter, by deletion, substitution, modification or otherwise, the above grounds of appeal, either before or during the hearing

Shri Saraswati Kelavani Mandal, Kathlal vs. Income Tax Officer, Ward-1, Nadiad

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

ITA 1912/AHD/2024[2021-22]Status: DisposedITAT Ahmedabad10 Mar 2025AY 2021-22

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinhaआयकर अपील सं./Ita No. 1912/Ahd/2024 "नधा"रण वष"/Asstt. Year: 2021-22 Shri Saraswati Kelavani Mandal, The Income Tax Officer, Patel Jivabhai Dhulabhai, बनामVs Ward-1, . Katulal, Nadiad. Kheda-387630. Pan: Aajts0827Q ( ""यथ" /Respondent) (अपीलाथ" /Appellant Assessee By : Shri Girish B. Mehta, Ar Revenue By : Shri Prathvi Raj Meena, Cit.Dr सुनवाई क" तार"ख/Date Of Hearing : 05/03/2025 घोषणा क" तार"ख /Date Of Pronouncement: 10/03/2025 आदेश/O R D E R Per Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Dated 04.09.2024 Passed By The Additional/Joint Commissioner Of Income Tax(Appeals), Mumbai, (Hereinafter Referred As Jcit(A)) Relevant To The Assessment Year 2021-22. 2. The Brief Facts Of The Case Are That The Assessee Is A Trust Running Educational Institutions. The Return Of Income For A.Y 2021-22 Was Filed On 09.02.2022, Declaring Total Income At Rs. Nil. In The Return Of Income, The Assessee Had Claimed Exemption Of Rs.2,42,88,361/- U/S.10(23C) Of The Act. The Return Of Assessee Was Processed By The Cpc On 09.12.2022 U/S.143(1) Of Asst. Year 2021-22

For Appellant: Shri Girish B. Mehta, ARFor Respondent: Shri Prathvi Raj Meena, CIT.DR
Section 10Section 143(1)

आयकर अपील"य अ"धकरण, अहमदाबाद "यायपीठ , अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL “ D” BENCH, AHMEDABAD ] BEFORE SHRI SIDDHARTHA