← All Phrases

“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

Ramasamy Solaisamy, Virudhunagar vs. ITO, Ncc-2, Madurai

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

ITA 2397/CHNY/2024[2017-18]Status: DisposedITAT Chennai22 Jan 2025AY 2017-18

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.2397 /Chny/2024 निर्ाारण वर्ा /Assessment Years: 2017-18 Ramasamy Solaisamy Income Tax Officer, No.9E, Chairman, Non-Corp., Npsn Arumugam Road, Circle-2, Sivakasi Viruthunagar, Madurai Tamil Nadu-626 123. [Pan: Acvps7427C] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : None प्रत्यर्थी की ओर से /Revenue By : Ms.Sheila Parthasarthy, Addl.Cit सुिवाई की तारीख/Date Of Hearing : 05.12.2024 घोर्णा की तारीख /Date Of Pronouncement : 22.01.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: NoneFor Respondent: Ms.Sheila Parthasarthy, Addl.CIT
Section 250Section 56(2)(vii)

light of arguments put forth by the Revenue. The assessee has contended through ground of appeal that the Ld.CIT(A) has passed a non-speaking order without any application of mind. It is noted that the grounds of appeal raised by the assessee are totally confusing. It is also been ... Ld.CIT(A) and direct him to readjudicate the matter after giving due opportunity of being heard to the assessee and passing a speaking order. He will also direct the Ld.AO to submit the remand report after considering DVO’s report. The assessee shall be bound to comply with the notices

Duraiswamy Chinnadurai, Coimbatore vs. ITO, Ncw-4(4), Coimbatore

In the result, the appeal is partly allowed

ITA 1782/CHNY/2024[2013-14]Status: DisposedITAT Chennai22 Jan 2025AY 2013-14

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1782 /Chny/2024 निर्ाारण वर्ा /Assessment Years: 2013-14 Duraiswamy Chinnadurai, Income Tax Officer, No.146, N.G.N.Street, Non Corp, Ward-4(4), New Siddhapudur, Coimbatore Coimbatore. [Pan: Acppc1349B] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri S.Ramachandran, Ca प्रत्यर्थी की ओर से /Revenue By : Ms.Sheila Parthasarthy, Addl.Cit सुिवाई की तारीख/Date Of Hearing : 02.12.2024 घोर्णा की तारीख /Date Of Pronouncement : 22.01.2025 आदेश / O R D E R Per Amitabh Shukla, A.M : This Appeal Is Filed Against The Order Bearing Din & Order No.Itba/Nfac/S/250/2024-25/1064762387(1) Dated 09.05.2024 Of The Learned Commissioner Of Income Tax [Herein After “Cit(A), National Faceless Appeal Center[Nfac], Delhi, For The Assessment Years 2013- 14. Through The Aforesaid Appeal The Assesse Has Challenged Order U/S 250 Dated 09.05.2024 Passed By Nfac, Delhi. 2.0 The Assessee Has Raised Altogether Seven Grounds Of Appeal, Of Which Grounds 1 To 4 Are Legal Grounds & Grounds 5 To 7 On Merits.

For Appellant: Shri S.Ramachandran, CAFor Respondent: Ms.Sheila Parthasarthy, Addl.CIT
Section 132Section 142(1)Section 143(3)Section 147Section 148Section 250Section 69ASection 69C

order of the lower authorities. 4.2 We have noted that the order of the Ld. AO suffers from the fundamental deficiency of a non-speaking order. He has merely relied upon the information received from investigation wing, seized documents, statement of assessee’s partners and proceeded to draw his unilateral ... No.5 to 7 supra stands remitted back to the Ld. AO for fresh adjudication de novo Page - 6 - of 7 :- 7 -: by passing a speaking order. To the extent the order of lower authorities on this issue stands set aside. It shall be open to the Ld.AO to conduct