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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

Shankar Prasad, Nalanda vs. Assessment Unit, Income Tax Department, Delhi

The appeal of the assessee is allowed for statistical purposes

ITA 4/PAT/2025[2018-19]Status: DisposedITAT Patna07 Feb 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.04/Pat/2025 Assessment Year: 2018-19 Shankar Prasad…………………………………………………..………….……Appellant S/O Yogendra Prasad, Vill-Asthawan, P.O – Asthawan, Biharsharif, Nalanda, Bihar-803107. [Pan: Avnpp3389B] Vs. Assessment Unit, Income Tax Department ……………….........……...…..…..Respondent Appearances By: Shri A. K. Rastogi, Sr. Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit - Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 06, 2025 Date Of Pronouncing The Order : February 07, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 22.11.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Did Not File His Return Of Income For The Relevant Assessment Year. The Assessing Officer Got Information That The Assessee Had Made Cash Withdrawals Of Rs.1,37,13,000/- From Current Account Maintained With Canara Bank During F.Y 2017-18 & The Assessee Did Not File Any Itr. Therefore, The Assessing Officer After Obtaining Approval From The Competent Authority Issued Notice U/S 147 R.W.S 148A Of The Act Through Email. In Response To The Notice, The Assessee Filed His Return After A

Section 139(1)Section 142(1)Section 147Section 148Section 250Section 250(6)Section 68

fresh adjudication after giving reasonable opportunity of being heard to the assessee to present his case and to pass a speaking order. We also direct the assessee to strictly comply with the notices issued by the ld. CIT(A) and furnish all relevant documents to substantiate his claim

Vediappan Selvam Mohan, Tiruvannamalai vs. Income Tax Officer, Tiruvannamalai

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

ITA 2929/CHNY/2024[2017-18]Status: DisposedITAT Chennai07 Feb 2025AY 2017-18

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.2929/Chny/2024 निर्ाारण वर्ा /Assessment Years: 2017-18 Vediappan Selvam Mohan, Income Tax Officer, No.1746, Kamarajar Nagar, Thanipadi, Ward-2, Tiruvannamalai, Thanipadi S.O, Tiruvannamalai, Tamil Nadu-608708. Chennai. [Pan: Bovpm0856C] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri Girish Kumar, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.Anitha, Addl.Cit सुिवाई की तारीख/Date Of Hearing : 22.01.2025 घोर्णा की तारीख /Date Of Pronouncement : 07.02.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri Girish Kumar, AdvocateFor Respondent: Ms.Anitha, Addl.CIT
Section 250

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. Before the Ld.First Appellate Authority also the conduct of the assessee ... 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. The Ld. AO shall give opportunities of being heard to the assesse and it shall be bounden upon the assesse to comply with the notices

Sikanthar Mydeen, Pallivasal Street, Sellur, Madurai vs. Income Tax Officer, Non.Corporate Ward 2(3), Madurai, Income Tax Office

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

ITA 2928/CHNY/2024[2018-2019]Status: DisposedITAT Chennai07 Feb 2025AY 2018-2019

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.2928/Chny/2024 निर्ाारण वर्ा /Assessment Years: 2018-19 Sikanthar Mydeen, Income Tax Officer, No.9/D1, Ahmisapuram Mela Theru Non.Corporate Ward-2(3), Extn, Pallivasal Street, Sellur, Madurai. Madurai-625002. [Pan: Cwqpm9546R] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri T.Vasudevan, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.Anitha, Addl.Cit सुिवाई की तारीख/Date Of Hearing : 22.01.2025 घोर्णा की तारीख /Date Of Pronouncement : 07.02.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri T.Vasudevan, AdvocateFor Respondent: Ms.Anitha, Addl.CIT
Section 250

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. Before the Ld.First Appellate Authority also the conduct of the assessee ... 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. The Ld. AO shall give opportunities of being heard to the assesse and it shall be bounden upon the assesse to comply with the notices

M/S. Ramakrishna Educational Charitable Trust, Chennai vs. ITO, Exemptions 4, Chennai

In the result, the appeals of the assesse for ITA No

ITA 2923/CHNY/2024[2018-19]Status: DisposedITAT Chennai07 Feb 2025AY 2018-19

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.2923/Chny/2024, Assessment Years: 2018-19 आयकर अपील सं./Ita No.2922/Chny/2024, Assessment Years: 2018-19 M/S.Ramakrishna Educational Income Tax Officer Charitable Trust, Exemptions-4, No.53, South Bazaar Street, Chennai. Pattabiram, Chennai-72. [Pan: Aagts0203H] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri K.Gopalakrishnan, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.Anitha, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 21.01.2025 घोषणा की तारीख /Date Of Pronouncement : 07.02.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri K.Gopalakrishnan, AdvocateFor Respondent: Ms.Anitha, Addl.CIT
Section 144Section 250Section 270A

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. Before the Ld.First Appellate Authority also the conduct of the assessee ... direct the Ld. CIT(A) to readjudicate the matter de novo by examining the matter afresh in accordance with law and by passing a speaking order. The Ld. . CIT(A) shall give opportunities of being heard to the assesse and it shall be bounden upon the assesse to comply with

M/S. Ramakrishna Educational Charitable Trust, Chennai vs. ITO, Exemptions 4, Chennai

In the result, the appeals of the assesse for ITA No

ITA 2922/CHNY/2024[2018-19]Status: DisposedITAT Chennai07 Feb 2025AY 2018-19

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.2923/Chny/2024, Assessment Years: 2018-19 आयकर अपील सं./Ita No.2922/Chny/2024, Assessment Years: 2018-19 M/S.Ramakrishna Educational Income Tax Officer Charitable Trust, Exemptions-4, No.53, South Bazaar Street, Chennai. Pattabiram, Chennai-72. [Pan: Aagts0203H] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri K.Gopalakrishnan, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.Anitha, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 21.01.2025 घोषणा की तारीख /Date Of Pronouncement : 07.02.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri K.Gopalakrishnan, AdvocateFor Respondent: Ms.Anitha, Addl.CIT
Section 144Section 250Section 270A

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. Before the Ld.First Appellate Authority also the conduct of the assessee ... direct the Ld. CIT(A) to readjudicate the matter de novo by examining the matter afresh in accordance with law and by passing a speaking order. The Ld. . CIT(A) shall give opportunities of being heard to the assesse and it shall be bounden upon the assesse to comply with

Goundampalayam Primary Agricultural Co-Operative Credit Society, Tirupur vs. ITO, Ward 2(2), Tirupur

ITA 2920/CHNY/2024[2017-18]Status: DisposedITAT Chennai07 Feb 2025AY 2017-18

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.2920 /Chny/2024 निर्धारण वर्ष / Assessment Years: 2017-18 K-1755 Goundampalayam Agricultural Cooperative Society, Ganapathypalayam(Po), Veerapandi(Via) Tirupur Tamil Nadu-641605. [Pan: Aaalk1190P] Primary Credit Goundampalayam Income Tax Officer, Ward-2(2), Tirupur (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 (प्रत्यर्थी/Respondent) Shri N.V.Narayanan, Advocate Ms.Anitha, Addl.Cit 21.01.2025 07.02.2025 आदेश / Order Per Amitabh Shukla, A.M : This Appeal Is Filed By The Assessee Against The Order Bearing Din & Order No.Itba/Nfac/S/250/2024-25/1068729587(1) Dated 17.09.2024 Of The Learned Commissioner Of Income Tax [Herein After “Cit(A), National Faceless Appeal Center[Nfac], Delhi, For The Assessment Years 2017-18. Through The Aforesaid Appeal The Assesse Has Challenged Order U/S 250 Dated 17.09.2024 Passed By Nfac, Delhi.

Section 250Section 80P

आयकर अपीलीय अधिकरण, 'सी' न्यायपीठ, चेन्नई। IN THE INCOME TAX APPELLATE TRIBUNAL 'C' BENCH: CHENNAI श्री यस यस विश्वनेत्र रवि

Jignesh Shah, Surat vs. Assistant Commissioner of Income Tax, Circle 1, Bhavnagar

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

ITA 1837/AHD/2024[2022-23]Status: DisposedITAT Ahmedabad06 Feb 2025AY 2022-23

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.1837/Ahd/2024 निर्धारण वर्ष / Assessment Year : 2022-23 Jignesh Shah, D-604, Indraprastha Apartment Near Maheshwari Bhawan City Light Road, Surat - 395 007 स्थायी लेखा सं./Pan: Agyps 8575 Q (अपीलार्थी/ Appellant) Assessee By : Revenue By : Shrti Mehul Shah, Ar Shri Rignesh Das, Sr.Dr सुनवाई की तारीख / Date Of Hearing घोषणा की तारीख / Date Of Pronouncement: The Asst.Cit बनाम Circle-1 / V/S. Bhavnagar (प्रत्यर्थी/ Respondent) : 30/01/2025 : 06/02/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”], Dated 23/08/2024, Confirming The Additions Made By The Assessing Officer [Hereinafter Referred To As “Ao"] Under Sections 69A & 69C Of The Income Tax Act, 1961[Hereinafter Referred To As “The Act”] For The Assessment Year 2022-23.

For Appellant: Revenue byFor Respondent: Shrti Mehul Shah, AR
Section 271ASection 69ASection 69C

circumstances of the case as well as law on the subject, the learned CIT(A) has erred in dismissing the appeal without passing speaking order. 3. On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming ... Instead of considering this request, the CIT(A) proceeded to dismiss the appeal ex-parte, without granting a reasonable hearing or passing a speaking order, thereby violating the principles of natural justice. The AR emphasized that both the AO and CIT(A) ignored genuine explanations and supporting evidence, leading