← 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

Madhurika Educational & Charitable Trust, Chennai vs. Assistant Director of Income Tax, Chennai

In the result the appeal of the assesse is partly allowed

ITA 641/CHNY/2024[2010-11]Status: DisposedITAT Chennai16 Oct 2024AY 2010-11

Bench: Shri Manu Kumar Giri & Shri Amitabh Shuklaआयकर अपील सं./Ita No.641/Chny/2024 ननिाारण वर्ा /Assessment Year: 2010-11 Madhurika Educational & Asst. Director Of Income Tax Charitable Trust, Vs. (Exemptions)-Iv, No.11, Millers Road, Kilpauk, Chennai-34 Chennai-600010. [Pan: Aaatm8627M] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Shri D.Anand, Advocate. प्रत्यर्थी की ओर से /Respondent By : Ms.Gouthami Manivasagam, Jcit सुनवाई की तारीख/Date Of Hearing : 30.07.2024 घोर्णा की तारीख /Date Of Pronouncement : 16.10.2024 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/250/2023-24/1059541811(1) Dated 10.01.2024 Of The Learned Commissioner Of Income Tax [Herein After “Cit(A), National Faceless Appeal Center[Nfac], Delhi, For The Assessment Years 2010- 11. Through The Aforesaid Appeal The Assesse Has Challenged Order U/S 250 Dated 10.01.2024 Passed By Nfac, Delhi. :- 2 -:

For Appellant: Shri D.Anand, AdvocateFor Respondent: Ms.Gouthami Manivasagam, JCIT
Section 11Section 12ASection 13Section 13(1)Section 13(1)(c)Section 13(2)(C)Section 13(3)(cc)Section 13(3)(d)Section 164(3)Section 250

merely relied upon the AO’s order without applying his own mind on the issue and has not passed an speaking order. Be that as it may be we have taken judicial notice of the paper book dated 26.07.2024 placed by the appellant on records wherein a categorical certification

The DCIT, Circle (International Taxation), Chandigarh vs. Sh. Manjeet Singh, Ludhiana

In the result, Revenue’s appeal is dismissed whereas, Cross

ITA 512/CHANDI/2022[2012-13]Status: DisposedITAT Chandigarh15 Oct 2024AY 2012-13

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 512/Chd/2022 "नधा"रण वष" / Assessment Year : 2012-13 The Dcit, Vs. Shri Manjeet Singh, बनाम Circle (International S/O Shri Harbir Singh Taxation), # 1460, Ward Number-8, Chandigarh Gahlewal, Ludhiana 141008 "थायी लेखा सं./Pan No: Cdeps4087A अपीलाथ"/ Appellant ""यथ"/ Repsondent & C.O. No. 13/Chd/2022 ( In आयकर अपील सं./ Ita No. 512/Chd/2022) "नधा"रण वष" / Assessment Year : 2012-13 Shri Manjeet Singh, Vs. The Dcit, बनाम S/O Shri Harbir Singh Circle (International # 1460, Ward Number-8, Taxation ), Gahlewal, Chandigarh Ludhiana 141008 "थायी लेखा सं./Pan No: Cdeps4087A अपीलाथ"/ Appellant ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Shri Dharamvir, Jcit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 04.09.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 15.10.2024

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Dharamvir, JCIT, Sr. DR
Section 143(3)Section 148

spite of the facts that the objections were raised by the assessee only at later stage which were disposed off through passing of speaking order 12.12.2019 before passing assessment order. The case law and judgments cited in the order does not apply in this case. The decision of the Apex ... para 5.9 onwards of the order. 2. That the Ld. CIT(A) has also rightly held that the Assessing Officer had not-passed a speaking order on the valid objections raised by the assessee and, thus, since there was no valid reason to believe and the Assessing Officer only relied

Gulamnabi Nuramahmadbhai Momin, Plot vs. ITO Ward 3(2)(2), Pratayashkar Bhavan

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

ITA 1059/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad15 Oct 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1059/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Gulamnabi Nuramahmadbhai The Income Tax Officer बनाम/ Momin Ward-3(2)(2) V/S. 524A, Opp. Adarsh Hospital Ahmedabad Nr. Telav Shela Cross Road At Telav, Sanand 382 110 (Gujarat) "थायी लेखा सं./Pan: Apepm 7307 M अपीलाथ&/ (Appellant) '( यथ&/ (Respondent) Assessee By : Shri P.D. Shah, Ar Revenue By : Shri Prateek Sharma, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 10/10/2024 घोषणा की तारीख /Date Of Pronouncement: 15/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: The Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Nfac) [Hereinafter Referred To As “Cit(A)”] Dated 29.12.2023, For The Assessment Year (Ay) 2017-18. The Primary Grievance Of The Assessee Pertains To The Addition Of Rs.40,00,000/- Under Section 68 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”] Made By The Assessing Officer As Per His Order Dated 09/12/2019 Passed Under Section 143(3) Of The Act. Gulamnabi Nuramahmadbhai Momin Asst. Year : 2017-18

For Appellant: Shri P.D. Shah, ARFor Respondent: Shri Prateek Sharma, Sr.DR
Section 115BSection 142(1)Section 143(3)Section 271ASection 68

matter back to the file of the CIT(A) for fresh adjudication. The CIT(A) is directed to pass a well- reasoned and speaking order after giving the assessee an opportunity to furnish the necessary documentary evidence in support of his claims. Thus, The order