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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

Gateway Office Parks Priovate Limitedi, Chennai vs. ACIT, Corporate Cicle-6(1), Chennai

ITA 617/CHNY/2023[2015-16]Status: DisposedITAT Chennai19 Feb 2025AY 2015-16

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.617/Chny/2023 निर्धारण वर्ष /Assessment Years: 2015-16 Gateway Office Parks Private Limited, Block No.A6, Ground Floor, No.16, Gst Road, Perungalathur, Chennai-600 063. [Pan: Aajcs8198P] (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By प्रत्यर्थी की ओर से /Revenue By सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख /Date Of Pronouncement Asst. Commissioner Of Income Tax, Corporate Circle-6(1), Chennai. (प्रत्यर्थी/Respondent) Shri S.Ananthan, Advocate (Virtual). Shri Nilay Baran Som, Cit 22.01.2025 19.02.2025 आदेश / Order Per Amitabh Shukla, A.M : This Appeal Is Filed By The Assessee Against The Order Bearing Din & Order No.Itba/Apl/M/250/2022-23/1050825008(1) Dated 16.03.2023 For The Assessment Years 2015-16. Through The Aforesaid Appeal The Assesse Has Challenged Order U/S 250 Dated 16.03.2023 Passed By Cit(A), Chennai. 2.0 Ground Of Appeal No.1 Has Been Found To Be General In Nature & Hence Not Worthy Of Any Meritorious Adjudication.

Section 250Section 56(2)(viib)

आयकर अपीलीय अधिकरण, "ए' न्यायपीठ, चेन्नई। IN THE INCOME TAX APPELLATE TRIBUNAL 'A' BENCH: CHENNAI श्री एबी टी. वर्की, न्यायिक

ACIT, CC- 18, New Delhi vs. Shrey Properties Pvt. Ltd., New Delhi

Appeal is dismissed

ITA 5182/DEL/2017[2011-12]Status: DisposedITAT Delhi19 Feb 2025AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2014-15 Vs. National Rupali Gupta, Faceless Appeal 273, Budhana Gate, Meerut, Centre, Delhi Uttar Pradesh Pan: Ajcpg6194L (Appellant) (Respondent) Assessee By None Department By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 13.10.2025 Date Of Pronouncement 13.10.2025 Order Per Satbeer Singh Godara, Jm This Assessee’S Appeal For Assessment Year 2014-15, Arises Against The Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre [In Short, The “Cit(A)/Nfac”], Delhi’S Din & Order No. Itba/Nfac/S/250/2024-25/1068639287(1), Dated 12.09.2024 Involving Proceedings Under Section 147 R.W.S. 144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’). Case Called Twice. None Appears At The Assessee’S Behest. She Had Also Not Put In Appearance On All The Earlier Five Opportunities Of Hearing As Well. The Assessee Is Accordingly Proceeded Ex-Parte. 2. It Next Transpires With The Able Assistance Coming From The Revenue Side That Both The Learned Lower Authorities Have Inter Alia Treated The Assessee’S Alleged Capital Gains Derived From Sale Of Shares Amounting To Rs.48,28,090/- As Bogus Followed By 5% Commission Expenditure Thereupon Coming To Rs.2,41,405/- As Unexplained Under Section 69C; Respectively, In Assessment Order Dated 28Th March, 2022 & Upheld In The Lower Appellate Discussion, As Followed: “4. The Present Appeal Was Filed By The Appellant On 21.04.2022 By Raising 20 Grounds Of Appeal. During The Course Of Appeal Proceedings, Hearing Notices Were Sent On 15.07.2024, 01.08.2024 & 20.08.2024. In Response To The Notices Issued The Appellant Filed Only A Brief Written Submission As Under:

Section 147Section 68Section 69C

establish that M/S Presha Metallurgical Ltd is a penny stock script. The action of the AO is upheld as he has passed a speaking order by detecting the entire modus operandi. 8. As a result, this appeal.” 3. It has come on record that the department’s investigation wing

Shyam Chelaramji Rangwani, Kheda vs. The ITO, Ward-5, Nadiad

The appeal of the assessee is allowed for statistical

ITA 1947/AHD/2024[2012-13]Status: DisposedITAT Ahmedabad18 Feb 2025AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.1947/Ahd/2024 निर्धारण वर्ष / Assessment Year : 2012-13 Shyam Chelaramji Rangwani The Ito 2, Vasant Vihar, बनाम / Ward-5 Nr. Zalak Hotel V/S. Nadiad - 387 002 (Gujarat) Petlad Road, Nadiad, Kheda – 387 002 (Gujarat) स्थायी लेखा सं./Pan: Aivpr 8944 Η प्रत्यर्थी/ (Respondent) अपीलार्थी/ (Appellant) Assessee By: Shri Manish J. Shah & Shyri Rushin Patel, Ars Revenue By : Shri Kavan Limbasiya, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 13/02/2025 घोषणा की तारीख / Date Of Pronouncement: 18/02/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”], Dated 14-10-2024, Which Upheld The Assessment Order Passed Under Section 144 R.W.S.147 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”] By The Assessing Officer, Ward-5, Nadiad [Hereinafter Referred To As “Ao"], For Assessment Year (Ay) 2012-13.

For Appellant: Shri Manish J. Shah &For Respondent: Shri Kavan Limbasiya, Sr.DR
Section 142(1)Section 144Section 147Section 148Section 156Section 69A

arise. 6. During the course of hearing before us, the Authorized Representative (AR) of the assessee argued that CIT(A) did not pass a speaking order and dismissed the appeal for non-prosecution without adjudicating the facts and legal contentions. The AR also stated that a separate appeal under ... assessee did not appear before CIT(A) despite being given multiple opportunities. However, the DR also acknowledged that CIT(A) did not pass a speaking order addressing the merits of the case. Considering these facts, the DR agreed that, in the interest of justice, the matter should be remanded back

Advik Hi Tech Pvt Ltd, Pune vs. Dy.Comm.of Income Tax, Circle 8, Pune, Akurdi Pune

In the result, the cross appeal filed by the Revenue in ITA

ITA 1158/PUN/2023[2020-21]Status: DisposedITAT Pune18 Feb 2025AY 2020-21

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1158/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 Advik Hi Tech Pvt. Ltd., Vs. Dcit, Circle-8, Pune. Gat No.357, Plot No.99, Village- Kharabwadi, Tal.- Khed, Chakan- 410501. Pan : Aacca3106E Appellant Respondent आयकर अपील सं. / Ita No.1330/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 Dcit, Circle-8, Pune. Vs. Advik Hi Tech Pvt. Ltd., Gat No.357, Plot No.99, Village- Kharabwadi, Tal.- Khed, Chakan- 410501. Pan : Aacca3106E Appellant Respondent Assessee By : Shri Sharad A. Shah & Shri Rohit S. Tapadiya Revenue By : Shri Amol Khairnar Date Of Hearing : 21.11.2024 Date Of Pronouncement : 18.02.2025 आदेश / Order Per Vinay Bhamore, Jm: These Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 16.10.2023 Passed By Ld.Cit(A)/Nfac For The Assessment Year 2020-21 Respectively.

For Appellant: Shri Sharad A. Shah &For Respondent: Shri Amol Khairnar
Section 143(1)Section 143(2)Section 143(3)Section 14ASection 35Section 35(1)Section 80GSection 80I

allowed. If found contrary, the stand of the AO stands confirmed. The AO is directed to give effect by passing a speaking order. The Appellant is directed to furnish all relevant details online before the AO for verification. Ground is, thus, allowed for statistical purpose.” 4. Mr. Murkunde vehemently argued