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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

Baba Shivaji Khawale, Pune vs. Income Tax Officer Ward-8(3), Pune

ITA 859/PUN/2024[2016-17]Status: DisposedITAT Pune23 Jul 2024AY 2016-17

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Vinay Bhamoreassessment Year : 2016-17 Baba Shivaji Khawale, 1264, Near Nagraj Body Builder, Chikhali, Pune-411062. Pan: Bqapk3725R. . . . . . . . Appellant V/S The Income Tax Officer, Ward-8(3), Pune. . . . . . . . Respondent Appearances Assessee By : Mr B B Mane Through Mr Ankesh[‘Ld. Ar’] Revenue By : Mr Umashankar Prasad [‘Ld. Dr’] Date Of Conclusive Hearing : 23/07/2024 Date Of Pronouncement : 23/07/2024 Order Per G. D. Padmahshali, Am; The Assessee Is In Appeal Against The Din & Order No. Itba/Nfas/S/250/2023- 24/1062105966(1) Dt. 06/03/2024 Passed U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] By The National Faceless Appeal Centre [‘Nfac’ Hereinafter] Passed Which In Turn Confirmed The Order Of Assessment Passed U/S 147 R.W.S. 144 Of The Act By The National Faceless Assessment Centre [‘Neac’ Hereinafter] Anent To Assessment Year 2016-17 [‘Ay’ Hereinafter];

For Appellant: Mr B B Mane through Mr Ankesh[‘Ld. AR’]For Respondent: Mr Umashankar Prasad [‘Ld. DR’]
Section 147Section 148Section 151(2)Section 250Section 69A

direction to the Ld. NFAC to decide the issue de-novo in accordance with law preferably in three effective opportunities and pass a speaking order u/s 250(6) of the Act, ordered accordingly. 9. The appeal in results is ALLOWED FOR STATISTICAL PURPOSES. In terms of rule 34 of ITAT

Vinayak Janrao Kolasakar, Nashik vs. Income Tax Officer, Ward 1(3), Nashik

ITA 51/PUN/2024[2017-2018]Status: DisposedITAT Pune23 Jul 2024AY 2017-2018

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Vinay Bhamoreassessment Year : 2017-18 Vinayak Janrao Kolasakar 1, Godavari Vihar Society, Ramwadi, Panchawati, Nasik-422003. Pan: Aclpk3569R. . . . . . . . Appellant V/S The Income Tax Officer, Ward-1(3), Nashik. . . . . . . . Respondent Appearances Assessee By : Mr Pramod Shingte [‘Ld. Ar’] Revenue By : Mr Umashankar Prasad [‘Ld. Dr’] Date Of Conclusive Hearing : 23/07/2024 Date Of Pronouncement : 23/07/2024 Order Per G. D. Padmahshali, Am; The Assessee Is In Appeal Against The Din & Order No. Itba/Nfas/S/250/2023- 24/1057868559(1) Dt. 10/11/2023 Passed U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] By The National Faceless Appeal Centre [‘Nfac’ Hereinafter] Passed Which In Turn Confirmed The Order Of Assessment Passed U/S 143(3) Of The Act By The Income Tax Officer, Ward-1(3), Nashik [‘Ao’ Hereinafter] Anent To Assessment Year 2017-18 [‘Ay’ Hereinafter];

For Appellant: Mr Pramod Shingte [‘Ld. AR’]For Respondent: Mr Umashankar Prasad [‘Ld. DR’]
Section 143(3)Section 250Section 68

order and remand the matter back to the file of Ld. NFAC for de-novo adjudication in the light aforestated direction and pass a speaking order in terms of s/s (6) of section 250 of the Act after conducting comparative analysis from audited financial statements, books of accounts, other records