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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

Smt. Sumati Sathish Khanderai, Hassan vs. Income Tax Officer, Ward-2, Hassan

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

ITA 2014/BANG/2024[2017-18]Status: DisposedITAT Bangalore29 Nov 2024AY 2017-18

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year : 2017-18 Smt. Sumati Sathish Khanderai, Vs. The Income Tax Officer, 372, Main Road, Belur, Ward – 2, Hassan – 573 115. Hassan. Pan : Blaps 3596 K Appellant Respondent Assessee By : Smt. Sunaina Bhatia, Advocate. Revenue By : Shri. Ganesh R Gale, Standing Counsel For Department. Date Of Hearing : 21.11.2024 Date Of Pronouncement : 29.11.2024 O R D E R Per Laxmi Prasad Sahuthis Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac) [Din & Order No.Itba/Nfac/S/250/2024-25/1067756232(1)] Dated 20.08.2024. 2. Briefly Stated, The Facts Of The Case Are That A Notice Under Section 142(1) Dated 01.12.2017 Was Issued To The Assessee Calling To File Income Tax Return For Assessment Year 2017-18 By 31.12.2017. During The Demonetization Period, Assessee Deposited Cash Of Rs.97,80,040/- Into Her Bank Account. The Ao Issued Notices But The Assessee Did Not Respond The Notices. The Ao Issued Show Cause Notice On 17.09.2019 Proposing To Complete The Assessment Under Section 144 Of The Act & Assessee Was Given Time Till 23.09.2019. In Response, The Assessee Appeared On Page 2 Of 5

For Appellant: Smt. Sunaina Bhatia, AdvocateFor Respondent: Shri. Ganesh R Gale, Standing Counsel for Department
Section 115BSection 142(1)Section 144Section 69A

accounts every year before and after the A.Y.2017-18. In the circumstances, I do not see any reason to interfere with the well reasoned and speaking order of the AO. Therefore, both the additions made by the AO as discussed above are confirmed.” 5. Aggrieved from the above Order, assessee filed