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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

Premier Irrigation Adritee Pvt. Ltd., Kolkata vs. D.C.I.T., Circle - 11(1), Kolkata

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

ITA 1521/KOL/2024[2020-2021]Status: DisposedITAT Kolkata25 Sept 2024AY 2020-2021

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.1521/Kol/2024 Assessment Year: 2020-21 Premier Irrigation Adritee Pvt. Ltd. ....…………….......…....………....Appellant 17/1C, Alipore Road, Niharika, Kolkata-700027. [Pan: Aafcm4800Q] Vs. Dcit, Circle-11(1), Kolkata......................................................…..…..... Respondent Appearances By: Shri A. K. Tibrewal, Ar, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 25, 2024 Date Of Pronouncing The Order : September 25, 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 09.01.2024 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. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That The Impugned Order Passed By Ld. Commissioner Of Income Tax (Appeals), Nfac Summarily Dismissing The Appeal Of The Appellant Assessee Company For Alleged Non-Compliance Of The Notices Is Against Law & Facts Of The Case Since He Did Not Adjudicate Each Of The Grounds Of Appeal The Facts For Which Were Available To Him In The Assessment Order Passed By Ld. Assessing Officer & The Statement Of Facts Filed By The Appellant Assessee. 2. That The Impugned Order Passed By Ld. Commissioner Of Income Tax (Appeals) On 9H January 2024 Dismissing The Appeal Of The Appellant

Section 139(1)Section 234ASection 234BSection 234CSection 250Section 36(1)(va)Section 43BSection 44A

Considering the above, we restore this issue to the file of the Assessing Officer to examine the contentions of the assessee and pass a speaking order on this issue on merits. Ground No.7 - The assessee vide this ground has contested that 10. the Assessing Officer has not given full credit

Samrat Kumar Ghosh, Darjeeling vs. I.T.O., Ward - 2(3), Kolkata

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

ITA 1495/KOL/2024[2017-2018]Status: DisposedITAT Kolkata24 Sept 2024AY 2017-2018

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.1495/Kol/2024 Assessment Year: 2017-18 Samrat Kumar Ghosh……..…….…....…………….......…....………....Appellant Tumbe Jote, Matigara, Rabin Sen Colony, Darjeeling, W.B – 734010. [Pan: Aqepg2359J] Vs. Ito, Ward-2(3), Siliguri.......................................................…..…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 24, 2024 Date Of Pronouncing The Order : September 24, 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 18.03.2023 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. The Assessee In This Appeal Is Aggrieved By The Action Of The Lower Authorities In Making Addition Of Rs.55,53,171/- On Account Of Unexplained Cash Credits. 3. The Assessing Officer Found That There Were Cash Credits In The Bank Account Of The Assessee. However, The Assessee Could Not Give Satisfactory Explanation Regarding The Source Of The Said Cash Credits. Even The Assessee Did Not Reply To The Various Notices Issued By The Assessing Officer. The Assessing Officer, Therefore, Made The Impugned

Section 144Section 250

opportunity to the assessee to present his case considering the written submissions and evidences, if any, filed before him and thereafter, to pass a speaking order in accordance with law. 9. In the result, the appeal of the assessee is treated as allowed for statistical purposes. Kolkata, the 24th September

Subrata Das, Kolkata vs. I.T.O., Ward - 44(2), Kolkata

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

ITA 1462/KOL/2024[2018-2019]Status: DisposedITAT Kolkata23 Sept 2024AY 2018-2019

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.1462/Kol/2024 Assessment Year: 2018-19 Subrata Das………………..…….…....…………….......…....………....Appellant P-347, Cit Road, Scheme Vim Kankurgachi, Kolkata – 700054. [Pan: Acxpd9375L] Vs. Ito, Ward-44(2), Kolkata.......................................................…..…..... Respondent Appearances By: Shri Amit Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 23, 2024 Date Of Pronouncing The Order : September 23, 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 24.06.2024 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. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That The Learned National Faceless Appeal Centre, Delhi Erred In Passing Ex-Parte Order Dated 24Th June, 2024 Under Section 250 Of The Income Tax Act, 1961 Dismissing The Appeal Of The Appellant In-Liminie Without Dealing With The Merits Of The Case & By Not Passing Speaking Order On The Grounds Of Appeal Raised By The Appellant Assessee Against The Impugned Assessment Order Dated 30.03.2021 Passed By The Ld. National Faceless Assessment Centre, Delhi (The Assessing Officer) Under Section 143(3) Of The Income Tax Act, 1961, In The Case Of The Assessee For The Assessment Year 2018-19. I.T.A. No.1462/Kol/2024 Assessment Year: 2018-19 Subrata Das

Section 143(3)Section 250Section 56(2)(x)

Income Tax Act, 1961 dismissing the appeal of the Appellant in-liminie without dealing with the merits of the case and by not passing speaking order on the grounds of appeal raised by the Appellant Assessee against the impugned assessment order dated 30.03.2021 passed by the Ld. National Faceless Assessment ... assessee is found to be correct, then not to make any addition. Needless to say that the Assessing Officer will pass a speaking order after giving proper opportunity of hearing to the assessee. The Assessing Officer is directed to decide the matter within 90 days from the receipt