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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

Sunil Kumar Mishra, Howrah vs. ITO, Ward-40(1), Kolkata

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

ITA 277/KOL/2024[2017-18]Status: DisposedITAT Kolkata09 Jul 2024AY 2017-18

Bench: Dr. Manish Borad & Shri Pradip Kumar Choubeyi.T.A. No.277/Kol/2024 Assessment Year: 2017-18 Sunil Kumar Mishra ………. Appellant (Pan: Ahppm0825R) Vs. Income Tax Officer, Ward-40(1), Kolkata. ………… Respondent Appearances By: Shri Gopal Ram Sharma, Ar Appeared For Appellant. Shri P. P. Barman, Addl. Cit, Sr. Dr Appeared For Respondent. Date Of Concluding The Hearing : 04.06.2024 Date Of Pronouncing The Order : 09.07.2024 Order Per Manish Borad: This Appeal Filed By The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2017-18 Is Directed Against The Order Passed U/S 250 Of The Income Tax Act, 1961 In Short The “Act”) By Ld. Commissioner Of Income-Tax (Appeal), National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 21.07.2023 Arising Out Of The Assessment Order U/S 144 Of The Act By Ito, Ward-40(1), Kolkata Dated 24.12.2019. 2. Registry Has Informed That This Appeal Of Assessee Is Time Barred By 96 Days. Application For Condonation Of Delay Has Been Filed By Assessee. Perusal Of The Same & Also Considering The Ratio Of I.T.A. No. 277/Kol/2024 Sunil Kumar Mishra, Ay : 2017-18

Section 115BSection 144Section 246ASection 250Section 264Section 271ASection 69A

passed by the Ld. CIT (Appeals), Income Tax Department, NFAC without considering the Grounds of Appeal and facts and circumstances of the assessee. No speaking order was passed by the appellate authority. 3. The Ld. CIT (A) erred in not considering facts and circumstances of the assessee's case

Shiv Charan H.No.640 Sarswati Mohalla Mustafabad Yamunanagar, Yamunanagar vs. The Income Tax Officer Ward-4, Yamunanagar, Yamunananagar

In the result, the appeal is dismissed

ITA 685/CHANDI/2023[2012-2013]Status: DisposedITAT Chandigarh04 Jul 2024AY 2012-2013

Bench: Dr Krinwant Sahay & Shri Paresh M. Joshiआयकर अपील सं./ Ita No. 685/Chd/2023 "नधा"रण वष" / Assessment Year: 2012-13 Shiv Charan, Vs. The Ito, बनाम Ward-1, H.No. 640, Sarswati Yamunanagar Mohalla Mustafabad Yamunanagar "थायी लेखा सं./Pan No: Ahwpc0128J अपीलाथ"/ Appellant ""यथ"/ Repsondent ( Hybrid Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Shri Rahul Sohu, Jcit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 02.07.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 04.07.2024 आदेश/Order

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Rahul Sohu, JCIT, Sr. DR
Section 147Section 250Section 253

Shiv Charan, Yamunanagar 8 be remanded back to the file of CIT(A) to afford an opportunity and to pass a speaking order on merit. The ld. DR supported the order of the CIT(A). Findings & Conclusions 7. In light of the above Factual Matrix we now examine the legality ... therefore, Set Aside the Impugned order with direction to CIT(A) to give notice and thereafter an opportunity of personal hearing to pass a speaking order on merits 8. Impugned order is Set aside and matter is remanded back to CIT(A) on denovo basis for passing speaking order after

Amcell E Services, Patiala vs. ITO, W-2, Patiala

The appeal of the assessee is allowed for statistical purposes

ITA 806/CHANDI/2023[2017-18]Status: DisposedITAT Chandigarh03 Jul 2024AY 2017-18

Bench: The Tribunal Under Section 253 Of The Income Tax Act, 1961. The Assessee Is Aggrieved By The Order Under Section 250 Of The Income Tax Act, Bearing No. Itba/Nfac/S/250/2023- 24/1057250796(1) Dt. 20/10/2023 Which Is Hereinafter Referred To As The “Impugned Order”. The Assessee Pan Is Aaxfa0904A. The A.Y. Is 2017-18 Corresponding To The F.Y. From 01/04/2016 To 31/03/2017. Factual Matrix 2. The Assessee Has Raised Following Grounds Of Appeal In Form No. 36 Before Us. 1. That The Cit(A) Appeal Decided The Appeal Ex-Party Without Providing Proper Opportunity Of Being Heard As Such The Order Is Liable To Deleted. 2. That The Addition Confirmed By Cit(A) Of Rs. 90,88,250/- Is Illegal & Against The Fact Of The Case. 3. That The Cit(A) Failed To Appreciate That The Ao Has Accepted The Fact That The Bank Account In Question Is Already Incorporate In Personal Returns Of The Partner Shri Mukesh Kumar As Such The Same Has Resulted In Double Taxation.

For Appellant: Shri Rajiv Saldi, CAFor Respondent: Shri Manpreet Duggal, JCIT, Sr. DR
Section 250Section 253

complete opportunity to the assessee to place all material fact before Ld. CIT(A). The Ld. CIT(A) is directed to pass a speaking order which should be well reasoned on all the issues. The fresh order on denovo basis be passed within six months from date of receipt