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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

Amarkant Mishra, Samastipur vs. ITO, Ward-3 (3), Samastipur

The appeal of the assessee is allowed for statistical purposes

ITA 81/PAT/2021[2016-17]Status: DisposedITAT Patna31 Jan 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.81/Pat/2021 Assessment Year: 2016-17 Amarkant Mishra…………………..…..…………………....Appellant Shyam Narayan Mishra Khrihara Sarai Ranjan, Bihar - 848132 [Pan: Aqlpm0409N] Vs. Nfac, Delhi………………….…….…............................…..…..... Respondent Appearances By: Shri K N Prasad, Adv. & Vishal Kr. Adv., Appeared On Behalf Of The Appellant. Shri Ashwani Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 30, 2025 Date Of Pronouncing The Order : January 31, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 30.07.2021 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 Filed His Return Of Income By Declaring Total Income Of Rs.3,90,090/-. The Case Of The Assessee Was Selected For Scrutiny Followed By Notices U/S 143(2) & 142(1) Of The Act Asking The Assessee To File Various Details. The Assessing Officer On The Basis Of Material Available On Record Noticed That The Assessee Has Claimed Expenditure Of Rs.70,23,840/-. Due To Failure Of The Assessee To Produce Any Documentary Evidence In Support Of His Claim, The Assessing Officer Disallowed 10% Of The Expentiure To The Extent Of Rs.7,02,384/- & Added The Same To The Total Income Of

Section 143(2)Section 250Section 250(6)

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. I.T.A. No.81/Pat/2021

Electronic Instrumantation & Control Private Limited, Ahmedabad vs. The ITO, Ward-2(1)(1), (Previously Circle-2(1)(1)), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 1964/AHD/2024[2011-12]Status: DisposedITAT Ahmedabad31 Jan 2025AY 2011-12

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1964/Ahd/2024 िनधा"रण वष" /Assessment Year : 2011-12 Electronic Instrumentation & The Ito बनाम/ Control Private Limited Ward-2(1)(1) V/S. 56, Panchratna Ind. Estate [Previously Circle-2(1)(1)] Changodhar Industrial Area Ahmedabad – 380 015 Sarkhej Bavla Road Changodar, Ahmedabad – 382 213 (Gujarat) "थायी लेखा सं./Pan: Aaace 4798 G (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Pamil H. Shah Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 29/01/2025 घोषणा की तारीख /Date Of Pronouncement: 31/01/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Pamil H. ShahFor Respondent: Shri Rignesh Das, Sr.DR
Section 143(3)Section 271Section 271(1)Section 271(1)(c)Section 80Section 80I

submissions of the parties is liable to be set aside. Many judicial precedents also held that an appellate authority must pass a reasoned and speaking order considering all the facts on record. The present order of CIT(A) fails to meet this fundamental requirement of adjudication. Electronic Instrumentation & Control Pvt.Ltd ... appellate functions. The CIT(A) is expected to act as an independent quasi- judicial authority and is duty-bound to pass a reasoned and speaking order addressing the contentions of both parties. However, in the present case, he has failed in this fundamental duty. We take strong exception to such