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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

Akash Jain, Kolkata vs. I.T.O., Ward - 32(3), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 2248/KOL/2024[2017-2018]Status: DisposedITAT Kolkata23 Jan 2025AY 2017-2018

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.2248/Kol/2024 Assessment Year: 2017-18 Akash Jain………………………………..……………………….....Appellant C/O Subash Agarwal & Associates, Advocate Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aoipj6380C] Vs. Ito, Ward-32(3), Kolkata……….……….…............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Sanjay Paul, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 22, 2025 Date Of Pronouncing The Order : January 23, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 18.10.2024 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 Care Are That The Assessee Is An Individual & Did Not File Any Return Of Income U/S 139(1) Of The Act For The Assessment Year 2017-18. An Information Was Received That The Assessee Had Deposited An Amount Of Rs.89,50,000/- In His Bank Account During Demonetization Period. Thereafter, The Case Of Assessee Was Reopened U/S 147 Of The Act By Issuing Notice U/S 148 Of The Act Requesting Thereon To File Return. In Response To Notice U/S 148 Of The Act, The Assessee Submitted Return Declaring Total Income Of Rs.2,37,850/-. Subsequently, Notices U/S 143(2) & 142(1) Of The Act

Section 139(1)Section 143(2)Section 144Section 147Section 148Section 249(2)Section 250Section 250(6)Section 69A

proper. The ld. AR contended that as per section 250(6) of the Act, the ld. CIT(A) was required to pass a speaking order by adjudicating the appeal on merits. He, therefore, prayed before the I.T.A. No.2248/Kol/2024 Assessment Year: 2017-18 Akash Jain Bench that the matter

Late Chhotalal Vallabhadas Doshi L/H. Heir Smt. Prabhavatiben Chhotalal Doshi, Jamnagar vs. The ITO Ward-1(3), Jamnagar

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

ITA 698/RJT/2024[2008-09]Status: DisposedITAT Rajkot22 Jan 2025AY 2008-09

Bench: Dr. Arjun Lal Saini, Am. & Diesh Mohan Sinha, Jm आयकर अपीलसं./Ita No.698/Rjt/ 2024 ("नधा"रण वष" / Assessment Year: (2008-09) (Hybrid Hearing) Late Chhotalal Vallabhdas Doshi Vs. Ito Ward-1(3), Jamnagar. (Legal Heir Smt. Prabhavatiben Chhotalal Doshi). 505 Ajitnath Apartment, Near Indraprasth Tower, Jamnagar. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acdpd9371Q (Appellant) (Respondent) Appellant By : Shri Dushyant Maharshi, Ld. Ar Respondent By : Shri Shramdeep Sinha, Ld. Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing :23/12/2024 घोषणाक"तार"ख/Date Of Pronouncement :22/01/2025 आदेश / O R D E R Per Dinesh Mohan Sinha, Jm: Captioned Appeal Filed By The Assessee Is Directed Against The Order Passed By The National Faceless Appeal Centre [(In Short “Nfac/Ld. Cit(A)”] Vide Order Dated 24/07/204, Which In Turn Assessment Order Passed By Assessing Officer Vide Order Dated 22/03/2016 Under Section 143(3) R.W.S. 147 Of The Income Tax Act, 1961 (In Short “The Act”). 2. Grounds Of Appeal Raised By The Assessee Are As Under: 1. Hon. Cit(A) Erred In Law As Well As On Facts In Dismissing The Appeal By Contending That No Response Has Been Received From Assessee Although The Response Has Been Submitted Through Samadhan.Faceless.Appeal@Incometax.Gov.In As There Was No Income Tax Registration Due To Death Of The Assessee I.E. Chhotalal Doshi On Ita-698/Rjt/2024 (Ay-2008-09) Late Chhotalal Doshi Vs. Ito Ward-1(3), Jamnagar.

For Appellant: Shri Dushyant Maharshi, Ld. ARFor Respondent: Shri Shramdeep Sinha, Ld. CIT(DR)
Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 151

interest of justice, we restore the matter back to the file of Ld. CIT(A) for de novo adjudication and pass a speaking order after affording sufficient opportunity of being heard to the assessee, who in turn, is also directed to contest his stand forthwith. Therefore, we deem

Dhirajlal Govindbhai Patel, Rajkot vs. ITO WD 1(2)(1), Rajkot

The appeal of the assessee is treated as allowed

ITA 299/RJT/2024[2020-21]Status: DisposedITAT Rajkot22 Jan 2025AY 2020-21

Bench: Dr. Arjun Lal Saini, Am. & Diesh Mohan Sinha, Jm आयकरअपीलसं./Ita No.299/Rjt/2024 ("नधा"रणवष" / Assessment Year: (2020-21) (Hybrid Hearing) Dhirajlal Govindbhai Patel Vs. The Ito, Ward – 1(2)(1), Mayurpankh Industries, K-1/49, Aayakar Bhawan, Race Course Road-D, Phase-I, Aji Gidc, 80Ft Ring Road, Road, Rajkot – 360001 Rajkot – 360003 Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Agepp0489N (Respondent) Appellant By : Shri D. M. Rindani, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 22 /10 /2024 Date Of Pronouncement : 22 /01 /2025 आदेश / O R D E R Per Dinesh Mohan Sinha, Jm: Captioned Appeal Filed By The Assessee Is Directed Against The Order Passed By The National Faceless Appeal Centre [(In Short “Nfac/Ld.Cit(A)”] Vide Order Dated 08.05.2024, Which In Turn Assessment Order Passed By Assessment Unit, Income Tax Department / Assessing Officer Under Section 154 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Shri D. M. Rindani, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 143(1)Section 154Section 54G

interest of justice, we restore the matter back to the file of Ld. CIT(A) for de novo adjudication and pass a speaking order after affording sufficient opportunity of being heard to the assessee, who in turn, is also directed to contest his stand forthwith. Therefore, we deem