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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

Popet, Baramunda Village vs. ITO, Exemption Ward, Berhampur

In the result, appeal of the assessee stands partly allowed for statistical purposes

ITA 548/CTK/2024[2024-2025]Status: DisposedITAT Cuttack29 Jan 2025AY 2024-2025

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalassessment Year : 2024-25 Popet, Plot No.566, Infront Plot No.566, Infront Vs. Ito, Ito, Exemption Exemption Ward, Ward, Of Of Laxmi Laxmi Mandap, Mandap, Berhampur Baramunda Baramunda Village, Village, Baramunda Baramunda Colony Colony S.O. S.O. Bhubaneswar. Bhubaneswar. Pan/Gir No. No.Aabap 0397 F (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : S/Shri Prakash Kumar Jena, Dr. Sanjay Kr. Behura & Assessee By Kumar Jena, Dr. Sanjay Kr. Behura & Ananta Narayan Singhbabu, Advs Revenue By : Shri Saroj Kumar Dubey, Cit : Shri Saroj Kumar Dubey, Cit Dr Date Of Hearing : 29/01/20 2025 Date Of Pronouncement : 29/01/20 025 O R D E R Per Bench This Is An This Is An Appeal Filed By The Assessee Against The Order Of The Ld Gainst The Order Of The Ld Cit(E), Hyderabad Cit(E), Hyderabad Dated 22.11.2024 In Appeal No. Cit(E) Cit(E)/Hyd/2024- 25/12Aa/11661 For The Ass For The Assessment Year 2024-25. 2. S/Shri Prakash Kumar Jena, Dr. Sanjay Kr. Behura & Ananta Narayan S/Shri Prakash Kumar Jena, Dr. Sanjay Kr. Behura & Ananta Narayan S/Shri Prakash Kumar Jena, Dr. Sanjay Kr. Behura & Ananta Narayan Singhbabu, Ld Ars Appeared For The Singhbabu, Ld Ars Appeared For The Assessee & Shri Saroj Kumat Dubey, Assessee & Shri Saroj Kumat Dubey, Ld Cit Dr Appeared For The Revenue. Ld Cit Dr Appeared For The Revenue.

For Appellant: S/Shri Prakash Kumar Jena, Dr. Sanjay Kr. Behura &For Respondent: Shri Saroj Kumar Dubey, CIT
Section 12Section 12ASection 80

submitted that all the information sought by the ld CIT(E) had been provided. It was the further submission that a non- speaking order has been passed whereby the assessee is unable to identify the reasons as to why the exemption has not been granted. It was the prayer that ... provisions. He submission that he had no objection if the issue is restored to the file of the ld CI(E) for passing a speaking order and reconsideration of the materials available. 5. We have considered the rival submissions. A perusal of the order of the ld CIT(E) shows