← 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

Bhrat Chakravarti Charitable Trust, Delhi vs. CIT (Exmp), Delhi

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

ITA 1555/DEL/2024[2024-25]Status: HeardITAT Delhi27 Jun 2024AY 2024-25

Bench: Shri Shamim Yahya & Shri Sudhir Pareekbharat Chakravarti Charitable Trust, Vs. Cit (Exemption), 44 – 45, Khasra No.32/17, Delhi. Uggar Sain Industrial Estate, Village Samepur, Delhi – 110 042. (Pan : Aeetb0851C) (Appellant) (Respondent) Assessee By : Shri Princy Kr. Singhal, Ca Revenue By : Ms. Nidhi Singh, Cit Dr Date Of Hearing : 25.06.2024 Date Of Order : 27.06.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Exemption), Delhi Dated 26.03.2024. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. On The Facts & Circumstances Of The Case, The Order Passed By Learned Commissioner Of Income Tax (Exemptions), Delhi Rejecting The Application Of The Assessee For Approval Under Section 80G(5) Of The Income Tax Act Is Bad Both In The Eye Of Law & On Facts. 2. On The Facts & Circumstances Of The Case, The Ld. Cit(E) Has Erred Both On Facts & In Law In Passing The Order

For Appellant: Shri Princy Kr. Singhal, CAFor Respondent: Ms. Nidhi Singh, CIT DR
Section 12ASection 80GSection 80G(5)

file of ld. CIT (Exemption) inasmuch as CBDT has extended the time period to 30.06.2024. Ld. CIT (Exemption) is directed to pass a speaking order in this respect. 8. In the result, the appeal of the assessee stands allowed for statistical purposes. Order pronounced in the open court on this

Sujan Mohinder Charitable Trust, New Delhi vs. ITO Ward 2(2) Exemption, New Delhi

In the result, assessee's appeal is allowed for statistical purposes

ITA 539/DEL/2023[2017-18]Status: DisposedITAT Delhi27 Jun 2024AY 2017-18

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2017-18 Sujan Mohinder Charitable Trust, Vs Ito, 8, Eastern Avenue, Ward 2(2) Exemption, Maharani Bagh, New Delhi. New Delhi – 110 065. Pan: Aaats7083F (Appellant) (Respondent) Assessee By : Ms Vandana Bhandari, Ca Revenue By : Shri Ravi Kant Choudhary, Sr. Dr Date Of Hearing : 10.06.2024 Date Of Pronouncement : 27.06.2024 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 30.12.2022 Of The Commissioner Of Income Tax (Appeals), Nfac (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.Cit(A), Delhi-40/10374/2019-20 Arising Out Of The Appeal Before It Against The Order Dated 28.12.2019 Passed U/S 144 Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’), By The Ito, Exemption, Ward 2(2), New Delhi (Hereinafter Referred To As The Ld. Ao). The Assessee Is A Charitable Trust Created By A Trust Deed Dated 6Th March, 2. 1978 & Is Registered U/S 12A Of The Act. The Assessee’S Case Was Picked Up For Scrutiny & The Ao Examined The Cash Deposits Of Rs.34,53,730/- During The Demonetization Period & Further Observed That During The Relevant Assessment Year No Return Has Been Filed By The Assessee Either U/S 139 Of The Act Or In Response To Notice U/S 142(1) Of The Act. Accordingly, The Assessment Was Completed U/S 144 Of The Act Making An Addition Of Rs.1,22,87,399/- U/S 69A Of The Act On Account Of Following Show Cause Notice:-

For Appellant: Ms Vandana Bhandari, CAFor Respondent: Shri Ravi Kant Choudhary, Sr. DR
Section 10BSection 11Section 119(2)Section 12ASection 139Section 142(1)Section 144Section 69A

addition of Rs.1,22,87,400/- u/s 69A of Income tax Act,1961 without giving any reasoning at all and is completely a non-speaking order is totally unjustified and illegal therefore deserves to be quashed. 7. That Both the lower authorities have passed the orders without properly appreciating