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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

Sri Sathguru Sangeetha Samajam, Tallakulam vs. Commissioner of Income Tax, Exemptions, Chennai, Tamilnadu

In the result, both the appeals filed by the assessees are allowed for statistical purposes

ITA 2410/CHNY/2024[2024-25]Status: DisposedITAT Chennai27 Nov 2024AY 2024-25

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.2410/Chny/2024 िनधा"रण वष"/Assessment Year: 2024-25 Sri Sathguru Sangeetha Samajam, Vs. The Commissioner Of Income No. 15A, Gokhale Street, Tallakulam, Tax (Exemption), Madurai 625 002, Tamil Nadu. Chennai. [Pan: Aabts3475Q] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.2411/Chny/2024 िनधा"रण वष"/Assessment Year: 2024-25 Sri Sathguru Sangeetha Vidyalayam, Vs. The Commissioner Of Income No. 15A, Gokhale Street, Tallakulam, Tax (Exemption), Madurai 625 002, Tamil Nadu. Chennai. [Pan: Aabts3476P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Nanda Kumar, Ca ""थ" की ओर से/Respondent By : Shri R. Clement Ramesh Kumar, Cit सुनवाई की तारीख/ Date Of Hearing : 21.11.2024 घोषणा की तारीख /Date Of Pronouncement : 27.11.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By Different Assessees Are Directed Against The Order Dated 19.07.2024 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai In Rejecting The Application Filed In Form

For Appellant: Shri S. Nanda Kumar, CAFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 80GSection 80G(5)

Sivanandha Mouna Swamigal Trust & ors in ITA No. 873/Chny/2024 & Ors dated 24.06.2024, wherein, the Tribunal directed the ld. CIT(E) to pass a speaking order on merits without going into the technicalities. Since the issue involved in the present appeal is similar, we remit the matter back to the file

Money Magnum Constructions, Mumbai vs. Principal Commissioner of Income Tax, Circle- 27, Mumbai

In the result, the appeal filed by the assessee is dismissed

ITA 2445/MUM/2024[2014-15]Status: DisposedITAT Mumbai27 Nov 2024AY 2014-15

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm Money Magnum Constructions Pr. Cit, Circle-27 Room No. 401, 4Th Floor, Plot No. 157 Samruddhi, 18Th Road, Near Ambedkar Garden, Tower No. 6, Vashi Railway Station, Vs. Chembur (E), Mumbai-400 071 Commercial Complex, Vashi, Navi Mumbai-400 703. Pan/Gir No. Aacfn 9126 C (Assessee) : (Respondent) Assessee By : Shri. Paresh Shaparia : Ms.Sanyogita Nagpal Respondent By : 09.09.2024 Date Of Hearing Date Of Pronouncement : 27.11.2024 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Principal Commissioner Of Income Tax, Pcit, Mumbai-27 (‘Ld. Pcit For Short), Passed U/S.263 Of The Income Tax Act, 1961 (‘The Act'), Relevant To Assessment Year (‘A.Y.’ For Short) 2014-15. 2. The Assessee Has Raised The Following Ground Of Appeal: I. “Order Passed Under Section 263 Is Bad In Law: 1. On The Facts & In The Circumstances Of The Case & In Law, The Learned Pr. Cit 27 Erred In Treating The Order Under Section 147 R.W.S 144B Of The Income- Tax Act, 1961 (The Act) Dated 24 March 2022 (Re-Assessment Order) As Erroneous & Prejudicial To The Interest Of The Revenue & Thereby Setting Aside The Order. 2. On The Facts & In The Circumstances Of The Case & In Law, The Learned Pr.Cit 27 Failed To Appreciate The Fact That The Original Assessment Order As Well As Re- Assessment Order Have Duly Considered The Transaction Of Nsel Commodity Loss Of Rs

For Appellant: Shri. Paresh ShapariaFor Respondent: 09.09.2024
Section 143(1)Section 143(3)Section 147Section 148Section 263Section 40A(2)(b)

loss to be set off with the regular income of the assessee. The ld. DR submitted that the ld. PCIT order is a detailed speaking order and prayed that the same be upheld. 8. We have heard the rival submissions and perused the materials available on record. It is observed

Shri Venkateshwara Panmasala Industries Pvt Ltd, Kolhapur vs. ACIT, Central Circle-1(1), Kolhapur

The appeal stands partly allowed for statistical purposes

ITA 733/PUN/2024[2019-20]Status: DisposedITAT Pune26 Nov 2024AY 2019-20

Bench: Hon’Ble Shri G. D. Padmahshali & Hon’Ble Shri Vinay Bhamoreassessment Year : 2019-20 Shri Venkateshwara Panmasala Industries Pvt Ltd, 335, Sangli Kolhapur Byepass Road, Dharangutti Via Jaysingpur – 416 203. Pan: Aaccs5553P. . . . . . . . Appellant V/S The Asstt Commissioner Of Income Tax, Central Circle-1(1), Kolhapur . . . . . . . Respondent Appearances Assessee By : Mr Hari Krishan [‘Ld. Ar’] Revenue By : Mr Arvind Desai [‘Ld. Dr’] Date Of Conclusive Hearing : 25/09/2024 Date Of Pronouncement : 26/11/2024 Order Per G. D. Padmahshali, Am; The Present Appeal Of The Assessee Is Instituted U/S 253(1) Of The Income Tax Act, 1961 [‘The Act’ Hereinafter] Which Impugns First Appellate Order Dt. 06/03/2024 Passed By National Faceless Appeal Centre, Delhi [‘Ld. Cit(A)/ Ld. Nfac’ Hereinafter] U/S 250 Of The Act Which Emerged In Relation To & Out Of Assessment Order Dt. 24/11/2023 Passed By Ld. Assessment Unit, Nfac [‘Ld. Ao’ Hereinafter] U/S 147 R.W.S 144B Of The Act For Assessment Year 2019-20 [‘Ay’ Hereinafter].

For Appellant: Mr Hari Krishan [‘Ld. AR’]For Respondent: Mr Arvind Desai [‘Ld. DR’]
Section 132Section 132(4)Section 143(1)Section 147Section 148ASection 250Section 253(1)Section 68

Their Hon’ble Lordship therein held that, failure on the part of the Assessing Officer to address the reply of the assessee by a speaking order, would vitiate the impugned proceedings. A similar ratio can also be squinted in ‘Bhagyam Exports Vs AC-ST’ [2024, 160 Taxmaan.com