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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

Palsons Derma Pvt. Ltd., Kolkata vs. DCIT, Cir. 11(1), Kolkata

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

ITA 198/KOL/2024[2018-19]Status: DisposedITAT Kolkata08 May 2024AY 2018-19

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 198/Kol/2024 Assessment Year: 2018-19 Palsons Derma Pvt. Ltd. Dy. Commissioner Of Income Tax, 10/D/1, Ho-Chi-Minh Sarani Vs Circle – 11(1), Kolkata Kolkata - 700001 [Pan : Aaecp5629D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, Fca Revenue By : Shri Archana Gupta, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 18/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 08/05/2024 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 Learned Commissioner Of Income Tax (Appeals) (Hereinafter The “Ld. First Appellate Authority”) Dt. 26/12/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2018-19. 2. The Grievance Raised In Ground No. 1 Is That The Ld. First Appellate Authority Erred In Not Condoning The Delay Of 675 Days In Filing Of The Appeal & Dismissing The Assessee’S Appeal As Non-Maintainable. 3. At The Outset, The Ld. Counsel For The Assessee Submitted That The Delay As Arisen Because After Receiving Intimation U/S 143(1)(A) Of The Act, Rectification Filed U/S 154 Of The Act Was Rejected & In The Meantime, Case Was Selected For Scrutiny & Assessment Completed U/S 143(3) Of The Act Dealing With The Issues Arising Out Of The Intimation

For Appellant: Shri Manish Tiwari, FCAFor Respondent: Shri Archana Gupta, Addl. CIT, Sr. D/R
Section 143(1)(a)Section 143(3)Section 154Section 250

issues raised in the instant appeal on merits to the file of the ld. First Appellate Authority for necessary adjudication and decide through a speaking order duly considering the assessment order u/s 143(3) of the Act. Needless to say that the assessee be granted sufficient opportunity of being heard

Kutchi Sarvodaya Nagar, Mumbai vs. Income Tax Officer (Exemptions) - 1(4), Mumbai

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

ITA 4127/MUM/2023[2014-15]Status: DisposedITAT Mumbai03 May 2024AY 2014-15

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailkutchi Sarvodaya Nagar Vs. Income Tax Officer P.L. Lokhande Marg, (Exemptions)-1(4) Near Narayan Guru High Piramal Chambers, School, Govandi, Lal Baug, Parel, Mumbai – 400043 Mumbai - 400012 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaatk0678E Appellant .. Respondent Appellant By : Pradip Kapasi Respondent By : P.D. Chougule Date Of Hearing 22.04.2024 Date Of Pronouncement 03.05.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac For A.Y. 2014-15. The Assessee Has Raised The Following Grounds Before Us: “I. Ground No. 1: Failure To Issue Notice U/S. 250 The Id. Cit(A) Erred In Law & On Facts In Failing To Issue Notice For Furnishing Written Submissions And/Or Hearing Of Appeal As Required U/S 250(1), (2) & (6B) Read With The Faceless Appeal Scheme, 2021 Issued Under Notification No 139/2021 Dt 28.12.2021 Of The Act & In Particular Not Allowing The Appellant To Furnish Its Submissions. Your Appellant Prays That An Order Passed Without Issuing Notice U/S. 250 Be Quashed Ii Ground No. 2: Failure To Give Opportunity Of Hearing By Cit(A) The Id. Cit(A) Erred In Law & On Facts In Passing An Order In Appeal Without Giving An Opportunity Of Hearing, Orally Or Virtually, As Required By The Provisions Of The Act. Rules, Scheme, Notifications & Circulars & The Decisions Of The Courts & In Particular The Decision In The Cases Of Ba Continuum India (P.) Ltd., 125 Taxmann.Com 180 (Bom.) & Sanjay Aggarwal, 127 Taxmann.Com

For Appellant: Pradip KapasiFor Respondent: P.D. Chougule
Section 143(3)Section 154Section 234ASection 234BSection 246ASection 250Section 250(1)

interest was charged in violation of the provisions of the natural justice in as much as no opportunity for hearing was given and no speaking order was passed by AO for levy of interest for post assessment period. Your appellants prays that the interest so levied should be deleted