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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

Go Fashion (India) Limited, Nungambakkam, Chennai vs. PCIT, Chennai-1, Nungambakkam Chennai

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

ITA 939/CHNY/2024[2018-19]Status: DisposedITAT Chennai27 Sept 2024AY 2018-19

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita No.939/Chny/2024 िनधा9रण वष9 /Assessment Year: 2018-19 Go Fashion (India) Ltd., The Principal Commissioner Of 4 (Old 144), Sathak Center, Vs. Income Tax, Fifth Floor, Chennai-1. Nungambakkam High Road, Nungambakkam S.O, Nungabakkam, Chennai-600034. [Pan: Aadcg 9557C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Shri S. Ramachandran, Fca Hiथ" की ओर से /Respondent By Shri R. Clement Ramesh Kumar, Cit : सुनवाई की तारीख/Date Of Hearing : 10.07.2024 घोषणा की तारीख /Date Of Pronouncement : 30.09.2024 आदेश / O R D E R Per Jagadish, A.M : Aforesaid Appeal Filed By The Assessee For Assessment Year (Ay) 2018-19 Arises Out Of The Order Of Learned Principal Commissioner Of Income Tax, Chennai-1 [Hereinafter “Pcit”] Dated 29.02.2024 Passed U/S. 263 Of The Income-Tax Act, 1961 (Hereinafter “The Act”). :- 2 -:

For Appellant: Shri S. Ramachandran, FCA
Section 142(1)Section 143(3)Section 263Section 56(2)Section 56(2)(viib)

that in the facts and circumstances of the case, the Ld. PCIT erred in not passing a speaking order against all the submissions of your appellant. As such, the order passed u/s 263 is void ab-initio. The action of the Ld. PCIT was wholly unreasonable, uncalled

Retain Tie Up Private Limited, Kolkata vs. Assistant Commisioner of Income Tax, Kolkata

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

ITA 1030/KOL/2024[2015-16]Status: DisposedITAT Kolkata26 Sept 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.1030/Kol/2024 Assessment Year: 2015-16 Retain Tie Up Pvt. Ltd………………....…………….......…....………....Appellant 42/1, Bb Ganguly Street, Kolkata – 700012. [Pan: Aafcr1153D] Vs. Acit, Ward-1(3), Kolkata......................................................…..…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri A. Kundu, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 26, 2024 Date Of Pronouncing The Order : September 26, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 22.03.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. No One Has Put In Appearance On Behalf Of The Assessee Despite Notice, Therefore, We Proceed To Decide The Appeal After Hearing The Ld. Dr & Perusing The Materials Available On Record. 3. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. On Facts & Circumstances Of The Case, The Learned Cit(A) Has Grossly Erred In Not At All Considering The Written Submissions As Uploaded By The Appellant Company & Thereby By Passing A Non- Speaking Order, Without Even Discussing The Merits Of The Case And

Section 144Section 14ASection 250Section 69

grossly erred in not at all considering the written submissions as uploaded by the appellant Company and thereby by passing a non- speaking order, without even discussing the merits of the case and I.T.A. No.1030/Kol/2024 Assessment Year: 2015-16 Retain Tie Up Pvt. Ltd hence, the impugned order is absolutely ... year under consideration and of the earlier years and give an opportunity to the assessee to present its case and thereafter pass a speaking order in accordance with law on this issue. Ground No.3 - Vide Ground No.3, the assessee has agitated 8. against the confirmation of addition of Rs.50