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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

Sp Chidambaram, Kanchipuram vs. ITO, Ward 1, Kanchipuram

ITA 3934/CHNY/2025[2020-21]Status: DisposedITAT Chennai29 Jan 2026AY 2020-21

Bench: Ms. Padmavathy S. & Shri Manu Kumar Giriआयकर अपील सं./Ita No. 3934/Chny/2025 निर्धारण वर्ष/Assessment Year: 2020-21 Sp Chidambaram 21-A/6, Vallal Pachiyappan Street, Kancheepuram-631501 Tamil Nadu [Pan: Aachc 3681 B] (अपीलार्थी/Appellant) V. The Ito, Ward (1), Kancheepuram, 96, Munuswamy Mudaliar Avenue, Kancheepuram-631501 (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By Mr. K. Subash Anbarasu, Adv प्रत्यर्थी की ओर से / Respondent By Ms. Gouthami Manivasagam, Addl. Cit सुनवाईकीतारीख/Date Of Hearing 28.01.2025 घोषणाकीतारीख /Date Of Pronouncement 29.01.2026 आदेश / Order Per Manu Kumar Giri, Jm: The Captioned Appeal By The Assessee Is Arising Out Of The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 17.12.2025 For Ay 2020-21. 2. At The Outset, We Notice That The Assessee By The Ground No.4 Challenges The Jao Jurisdiction To Issue Notice U/S148 Dated 29.03.2024 Of The Act. :: 2 ::

Section 144BSection 147Section 148

therefore be applied to the former and not to the latter. (iv) An order refusing special leave to appeal may be a non-speaking order or a speaking one. In either case it does not attract the doctrine of merger. An order refusing special leave to appeal does not stand ... inclined to exercise its discretion so as to allow the appeal being filed. (v) If the order refusing leave to appeal is a speaking order, i.e., gives reasons for refusing the grant of leave, then the order has two implications. Firstly, the statement of law contained in the order

P N Enterprise, Ahmedabad vs. The ITO, Ward-4(2)(1), Ahmedabad

The appeal of the assessee is treated as allowed for statistical purposes

ITA 2410/AHD/2025[2023-24]Status: DisposedITAT Ahmedabad28 Jan 2026AY 2023-24

Bench: Shri Sanjay Garg & Annapurna Guptaआयकर अपील सं /Ita No.2410/Ahd/2025 िनधा"रण वष" /Assessment Year : 2023-24 P. N. Enterprise The Ito बनाम/ E-501, 42 Park View Ward-4(2)(1) V/S. Nr. Kalhar Exotica Ahmedabad – 380 015 Science City, Sola Ahmedabad – 380 060 "थायी लेखा सं./Pan: Aawfp 9588 L (अपीलाथ(/ Appellant) ()* यथ(/ Respondent) Assessee By : Ms. Hetvi Shah, Ca On Behalf Of M.S. Chhajed, Ar Revenue By : Shri Rohit Aasudani, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 21/01/2026 घोषणा की तारीख /Date Of Pronouncement: 28/01/2026 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 14/10/2025 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2023-24. 2. The Assessee, In This Appeal, Has Taken The Following Grounds Of Appeal: “1. The Order Passed By The Ld. Cit (A) Is Against Law, Equity & Justice. 2. The Ld. Cit(A) Has Erred In Law & On Facts In Dismissing Appeal For Want Of Appeal Filed Belatedly. P N Enterprise Vs. Ito Asst. Year : 2023-24 2

For Appellant: Ms. Hetvi Shah, CA on behalf of M.S. Chhajed, ARFor Respondent: Shri Rohit Aasudani, Sr.DR
Section 250Section 80G

also hereby condoned. The matter is restored to the file of the Ld. CIT(A) for decision afresh on merits by way of a speaking order, irrespective of the fact that there was a delay in filing the appeal before him, after giving due opportunity of hearing to the assessee

Raisoni Bagrecha Diamonds Private Limited, Jalgaon vs. Pne-C-(25)(1), Circle 1, Jalgaon

In the result, appeals of the assessee’s are allowed for statistical purposes

ITA 2549/PUN/2025[2017-2018]Status: DisposedITAT Pune28 Jan 2026AY 2017-2018

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं./Ita No.1971/Pun/2025 धििाारण वर्ा /Assessment Year: 2015-16 R.B. Diamond House, Pne-C-1, Range-25, Opposite Manohar Sarees Circle-1, Jalgaon Baliram Peth, Jalgaon- Vs. 425001 Maharashtra Pan-Aaifr9130Q अपीलार्थी / Appellant प्रत्यर्थी/Respondent आयकर अपील सं./Ita No. 2549/Pun/2025 धििाारण वर्ा /Assessment Year: 2017-18 Raisoni Bagrecha Diamonds Pne-C-(25)(1), Circle- Private Limited, 1, Jalgaon 288, Baliram Peth, Jalgaon- Vs. 425001 Maharashtra Pan-Aadcr7439N अपीलार्थी / Appellant प्रत्यर्थी/Respondent Assessee By: Shri Sanjay T. Tupe Department By: Shri R.Y. Balawade, Addl. Cit Date Of Hearing: 28-01-2026 Date Of Pronouncement: 30-01-2026 आदेश / Order Per Dr. Manish Borad:- The Captioned Appeals By Two Different Assessee’S Are Directed Against The Order Passed U/S 250 Of The Income-Tax Act, 1961 Dated 10.06.2025 & 14.08.2025 Pertaining To A.Y.

For Appellant: Shri Sanjay T. TupeFor Respondent: Shri R.Y. Balawade, Addl. CIT
Section 147Section 250Section 250(6)Section 272A(1)(d)

effective issues raised in the instant two appeals to the file of Ld. CIT(A) for afresh adjudication and to pass a speaking order as contemplated u/s 250(6) of the Act after duly considering the submissions of the assessee’s. Needless to mention that proper opportunity of hearing shall

Yogesh Jagannath Satav, Pune vs. ITO, Ward-12(4), Pune

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

ITA 2022/PUN/2025[2014-15]Status: DisposedITAT Pune28 Jan 2026AY 2014-15

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.2022/Pun/2025 धििाारण वर्ा / Assessment Year : 2014-15 Yogesh Jagannath Satav, The Income Tax Officer, Fadai Chowk, Nagar Road, Ward – 12(4), Pune Wagholi, Taluka-Haveli, Vs. Pune-412207 Pan : Bbtps3761B अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Digambar Surwase Department By : Shri Manish Mehta Date Of Hearing : 20-01-2026 Date Of 28-01-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 12.06.2025 Of The Ld. Additional/Joint Commissioner Of Income Tax (Appeals)-2, Chennai [“Addl./Jcit(A)”] Pertaining To Assessment Year (“Ay”) 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & Circumstances Of The Case & In Law, The Learned Cit(A) (National Faceless Assessment Centre) Erred In Dismissing The Appeal Of Appellant Even Though Form-5 Under Direct Taxes Vivad Se Vishwas Scheme Was Not Issued The Appellant By Jurisdictional Commissioner Of Income Tax. The Appellant Prays That Appeal May Be Restored Back To File To Of Cit(A) For Hearing The Appeal On Merits. 2. On The Facts & Circumstances Of The Case & In Law, The Order Passed Under Section 250 By Cit(A) Nfac, Delhi Dismissing The Appeal Is Wholly Illegal, Unlawful & Against The Principal Of Natural Justice. The Appellant Prays For Just, Fair & Appropriate Relief. 3. On The Facts & Circumstances Of The Case & In Law, Cit(A) Nfac Erred In Not Passing A Speaking Order On The Grounds Raised By The Appellant Before Nafc. The Appellant Prays For Just, Fair & Appropriate Relief. 4. On The Facts & Circumstances Of The Case & In Law, The Appellant Prays That Appeal Deemed To Be Withdrawn, May Be Revived.

For Appellant: Shri Digambar SurwaseFor Respondent: Shri Manish Mehta
Section 143(2)Section 143(3)Section 148Section 234ASection 234BSection 250

fair and appropriate relief. 3. On the facts and circumstances of the case and in law, CIT(A) NFAC erred in not passing a speaking order on the grounds raised by the appellant before NAFC. The appellant prays for just, fair and appropriate relief. 4. On the facts and circumstances ... aside the order of the Ld. Addl./JCIT(A) and restore the matter back to his file for adjudication afresh and to pass speaking order on merits as per fact and law after allowing reasonable opportunity of being heard to the assessee. Needless to say, the assessee shall provide

R B Diamond House, Jalgaon vs. Pne-C-1, Range -25, Circle -1, Jalgaon

In the result, appeals of the assessee’s are allowed for statistical purposes

ITA 1971/PUN/2025[2015-16]Status: DisposedITAT Pune28 Jan 2026AY 2015-16

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं./Ita No.1971/Pun/2025 धििाारण वर्ा /Assessment Year: 2015-16 R.B. Diamond House, Pne-C-1, Range-25, Opposite Manohar Sarees Circle-1, Jalgaon Baliram Peth, Jalgaon- Vs. 425001 Maharashtra Pan-Aaifr9130Q अपीलार्थी / Appellant प्रत्यर्थी/Respondent आयकर अपील सं./Ita No. 2549/Pun/2025 धििाारण वर्ा /Assessment Year: 2017-18 Raisoni Bagrecha Diamonds Pne-C-(25)(1), Circle- Private Limited, 1, Jalgaon 288, Baliram Peth, Jalgaon- Vs. 425001 Maharashtra Pan-Aadcr7439N अपीलार्थी / Appellant प्रत्यर्थी/Respondent Assessee By: Shri Sanjay T. Tupe Department By: Shri R.Y. Balawade, Addl. Cit Date Of Hearing: 28-01-2026 Date Of Pronouncement: 30-01-2026 आदेश / Order Per Dr. Manish Borad:- The Captioned Appeals By Two Different Assessee’S Are Directed Against The Order Passed U/S 250 Of The Income-Tax Act, 1961 Dated 10.06.2025 & 14.08.2025 Pertaining To A.Y.

For Appellant: Shri Sanjay T. TupeFor Respondent: Shri R.Y. Balawade, Addl. CIT
Section 147Section 250Section 250(6)Section 272A(1)(d)

effective issues raised in the instant two appeals to the file of Ld. CIT(A) for afresh adjudication and to pass a speaking order as contemplated u/s 250(6) of the Act after duly considering the submissions of the assessee’s. Needless to mention that proper opportunity of hearing shall

Junnar Taluka Prathamik Shikshak Sahakari Pathsantha, Pune vs. Pne-W-59(1), Pune

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

ITA 1659/PUN/2025[2021-22]Status: DisposedITAT Pune28 Jan 2026AY 2021-22

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं./Ita No.1659/Pun/2025 धििाारण वर्ा /Assessment Year: 2021-22 Junnar Taluka Prathamik Pne-W-59(1), Pune Shikshak Sahakari Patsanstha, Junner, Vs. Junnar-410502 Pune Maharashtra Pan-Aaaaj3324K अपीलार्थी / Appellant प्रत्यर्थी/Respondent Assessee By: None Department By: Shri R.Y. Balawade, Addl. Cit Date Of Hearing: 28-01-2026 Date Of Pronouncement: 02-02-2026 आदेश / Order Per Dr. Manish Borad:- This Appeal At The Instance Of Assessee Is Directed Against The Order Of Ld. Cit(A) Nfac, Delhi Framed U/S 250 Of The Act, Dated 10.03.2025 For A.Y. 2021-22 Which Is Arising Out Of Assessment Order U/S 143(3) R.W.S. 144B Of The Act Dated 05.12.2022. 2. Registry Has Informed That There Is Delay Of 45 Days In Filing Of The Present Appeal. Application For Condonation Of Delay Alongwith Affidavit Is Placed On Record & On Going Through The Same, We Find That The Delay Is Not Intentional. Therefore In The Larger Interest Of Justice & Placing Reliance

For Appellant: NoneFor Respondent: Shri R.Y. Balawade, Addl. CIT
Section 143(3)Section 250Section 250(6)Section 80PSection 80P(2)(d)

placed by the assessee before Ld. CIT(A). We also direct the Ld. CIT(A) to pass a speaking order as contemplated u/s 250(6) of the Act. Needless to mention that proper opportunity of hearing shall be granted to the assessee. Further assessee is required to update its latest