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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

Rajendrasinh Dilubha Jadeja, Nashik vs. ACIT, Circle 1, Nashik

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

ITA 395/PUN/2024[2017-18]Status: HeardITAT Pune13 Jun 2024AY 2017-18

Bench: Shri Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.395/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Rajendrasinh Dilubha Vs. Acit, Circle-1, Nashik. Jadeja, Flat No.6, Bhargav Apartment, Gangapur Road, Near Akashwani Tower, Nashik- 422013. Pan : Acupj6683N Appellant Respondent Assessee By : Shri Sanket Joshi Revenue By : Shri Sourabh Nayak Date Of Hearing : 31.05.2024 Date Of Pronouncement : 13.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.12.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1] The Learned Cit(A) Erred In Confirming The Disallowance Of Rs.71,90,315 Towards Interest Cost Incurred For Earning Interest Income Credited To Profit & Loss Account Without Appreciating That The Said Disallowance Was Not Justified On Facts & In Law. 2] The Learned Cit(A) Failed To Appreciate That The Fact That The Interest Expenditure Of Rs. 71,90,315 Was Incurred In Respect Of Loans Borrowed For The Purposes Of Earning The Interest Income

For Appellant: Shri Sanket JoshiFor Respondent: Shri Sourabh Nayak
Section 142(1)Section 143(2)Section 144Section 3Section 57

opportunity of hearing to the assesse. LD CIT(A)/NFAC shall pass the order as per fact & Law deciding each ground of appeal by speaking order after providing reasonable opportunity of being heard to the assessee. The assessee is also hereby directed to respond to the notice issued

Amplus Power Solutions Private Ltd., Gurgaon vs. ACIT-Circle-1(1), Delhi

In the result, ground no. 1 to 8 of appeal are allowed for statistical purpose

ITA 1213/DEL/2022[2017-18]Status: DisposedITAT Delhi13 Jun 2024AY 2017-18

Bench: Shri Vikas Awasthy & Shri Pradip Kumar Kediaआअसं.1213/िद"ी/2022 (िन.व. 2017-18) Amplus Power Solutions P. Ltd., 6Th Floor, The Palm Square, Golf Course Extension Road, Sector-66, Gurugram 122102, Haryana ...... अपीलाथ"/Appellant Pan: Aaoca0544J बनाम Vs. The Assessing Officer, National Faceless Assessment Centre, Jurisdictional Assessing Officer-Circle1(1), ..... "ितवादी/Respondent New Delhi अपीलाथ" "ारा/ Appellant By : Shri Nikhil Tiwari "ितवादी"ारा/Respondent By : Shri Rajesh Kumar, Cit-Dr सुनवाई क" ितिथ/ Date Of Hearing : 05/06/2024 घोषणा क" ितिथ/ Date Of Pronouncement : 13/06/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Assessment Order Dated 29.3.2022 Passed U/S. 143(3) R.W.S. 144B Of The Income Tax Act, 1961(Hereinafter Referred To As ‘The Act’), For Assessment Year 2017-18. 2. The Assessee In Appeal Has Raised Nine Grounds. The Ground No. 1 To 8 Of Appeal Are Against Addition Made On Interest On Non Convertible Debentures & Non Compliance Of Directions Of The Dispute Resolution Panel (Drp) By The Transfer Pricing Officer (Tpo)/Assessing Officer (Ao).

For Appellant: Shri Nikhil TiwariFor Respondent: Shri Rajesh Kumar, CIT-DR
Section 143(3)

that the DRP vide directions dated 04.02.2022 in para 3.3.1 directed the TPO to verify the factual contentions of the assessee and pass a speaking order in respect thereof. The TPO while giving effect to the directions of the DRP vide order 17.03.2022 fail to consider the directions ... liable to be deleted. 3.3.1 The Panel has considered the submission. The TPO is directed to verify this factual contention and pass a speaking order in respect thereof.” 6. This fact has been admitted by the Department that the TPO has failed to give effect to the directions

Topmost Dealmark Pvt. Ltd., Kolkata vs. ITO, Ward 9(1), Kolkata

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

ITA 540/KOL/2024[2012-13]Status: DisposedITAT Kolkata12 Jun 2024AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 540/Kol/2024 Assessment Year: 2012-13 Topmost Dealmark Pvt. Ltd. Income Tax Officer, Ward – 9(1), 5/1, 4Th Floor Vs Kolkata Room No. 125, Clive Row Kolkata - 700001 [Pan : Aaect0270C] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddarth Agarwal, Advocate Revenue By : Shri Abhijit Kundu, Addl. Cit D/R सुनवाई क" तारीख/Date Of Hearing : 05/06/2024 घोषणा क" तारीख /Date Of Pronouncement: 12/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”) Dt. 20/12/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For Assessment Year 2012-13. 2. The Registry Has Pointed Out That There Is A Delay Of 26 Days In Filing Of This Appeal. Affidavit Has Been Filed In Support Of The Prayer For Condonation Of Delay & The Delay Is Mainly On Account Of The Ill Health Of The Accountant Of The Assessee Concern Which Restrained Him To Look After The Regular Office Affairs & Could Not Check The Income Tax Portal From Time To Time. At A Later Stage When It Was Found That Ex-Parte Order Has Already Been Passed By The Ld. Cit(A), The Assessee Preferred Appeal Before This Tribunal. Under These Circumstances

For Appellant: Shri Siddarth Agarwal, AdvocateFor Respondent: Shri Abhijit Kundu, Addl. CIT D/R
Section 133(6)Section 142(1)Section 143(2)Section 250Section 35DSection 68

opportunity is granted to appear before the lower authorities. Considering the facts of case, where the ld. CIT(A) has passed a non- speaking order and also the short span of time given by the ld. Assessing Officer to the assessee for furnishing necessary details for completing the assessment proceedings