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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

Rai Udyog Ltd., Nagpur vs. Income Tax Officer (TDS), Nagpur

In the result, these twin appeals are allowed for statistical purposes

ITA 312/NAG/2022[2014-2015]Status: DisposedITAT Nagpur21 Mar 2024AY 2014-2015

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 311 & 312/Nag/2022 निर्धारण वषा / Assessment Year : 2014-15 Rai Udyog Limited 1, Rajat Sankul, Opp. Bus Stand, Ganesh Peth, Nagpur-440018 Pan: Aaccr6008G . . . . . . . अपीलार्थी / Appellant बिधम / V/S Income Tax Officer (Tds) Hq-1 / Joint Commissioner Of Income Tax (Tds), Nagpur . . . . . . . प्रत्यर्थी / Respondent द्वधरध/ Appearances Assessee By : None For The Assessee Revenue By : Mr Abhay Marathe [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 21/03/2024 घोषणा की तारीख / Date Of Pronouncement : 21/03/2024 आदेश/ Order Per G. D. Padmahshali, Am; By These Twin Appeals The Assessee Challenged Against The Din & Order No. Itba/Nfac/S/250/2022-23/1044245542(1) & Itba/Nfac/S/250/2022- 23/1044244849(1) Both Dt. 28/07/2022 Passed U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] By The National Faceless Appellate Centre [‘Nfac’ Hereinafter] For Assessment Year 2014-15 [‘Ay’ Hereinafter].

For Appellant: None for the AssesseeFor Respondent: Mr Abhay Marathe [‘Ld. DR’]
Section 154Section 194ISection 201(1)Section 24Section 246A(1)(c)Section 250Section 271C

impugned orders and remit them back to the Ld. NFAC with a direction deal therewith de-nova in accordance with law and pass a speaking order in terms of section 250(6) of the Act, ergo ordered accordingly. 13. In the result, these twin appeals are allowed for statistical purposes

M/S. Rai Udyog Ltd., Nagpur vs. Joint Commissioner of Income Tax (TDS), Nagpur

In the result, these twin appeals are allowed for statistical purposes

ITA 311/NAG/2022[2014-2015]Status: DisposedITAT Nagpur21 Mar 2024AY 2014-2015

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 311 & 312/Nag/2022 निर्धारण वषा / Assessment Year : 2014-15 Rai Udyog Limited 1, Rajat Sankul, Opp. Bus Stand, Ganesh Peth, Nagpur-440018 Pan: Aaccr6008G . . . . . . . अपीलार्थी / Appellant बिधम / V/S Income Tax Officer (Tds) Hq-1 / Joint Commissioner Of Income Tax (Tds), Nagpur . . . . . . . प्रत्यर्थी / Respondent द्वधरध/ Appearances Assessee By : None For The Assessee Revenue By : Mr Abhay Marathe [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 21/03/2024 घोषणा की तारीख / Date Of Pronouncement : 21/03/2024 आदेश/ Order Per G. D. Padmahshali, Am; By These Twin Appeals The Assessee Challenged Against The Din & Order No. Itba/Nfac/S/250/2022-23/1044245542(1) & Itba/Nfac/S/250/2022- 23/1044244849(1) Both Dt. 28/07/2022 Passed U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] By The National Faceless Appellate Centre [‘Nfac’ Hereinafter] For Assessment Year 2014-15 [‘Ay’ Hereinafter].

For Appellant: None for the AssesseeFor Respondent: Mr Abhay Marathe [‘Ld. DR’]
Section 154Section 194ISection 201(1)Section 24Section 246A(1)(c)Section 250Section 271C

impugned orders and remit them back to the Ld. NFAC with a direction deal therewith de-nova in accordance with law and pass a speaking order in terms of section 250(6) of the Act, ergo ordered accordingly. 13. In the result, these twin appeals are allowed for statistical purposes

Malaya Mukherjee, Durgapur vs. DCIT, Cir. 1, Durgapur

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

ITA 1444/KOL/2023[2016-17]Status: DisposedITAT Kolkata21 Mar 2024AY 2016-17

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 1444/Kol/2023 Assessment Year: 2016-17 Malaya Mukherjee Dy. Commissioner Of Income Tax, B-132, Aldrin Path Vs Circle-1, Durgapur Bidhannagar Durgapur - 713212 [Pan : Alspm9084D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sunil Surana, A/R Revenue By : Shri P.P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 29/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/03/2024 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. 20/11/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2016-17. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That The Ld Cit(A) Erred In Dismissing The Appeal As Non-Admissible On The Ground That There Was Three Days Delay In Filing Of The Appeal When The Assessment Order Was Dated 14.12.2018 Which Date Was Stated In The Memo Of Appeal But In Fact, The Order Was Not Served Or Uploaded During The Office Hours On 14.12.2018 & Was Even Singed After Close Of Office Hours & Further 15Th & 16Th December Being Saturday & Sunday, There Was No Delay & The Appeal Was Filed Within Time When The Actual Date Of Service Is Taken. 2. For That The Ld Cit(A) Erred In Dismissing The Appeal On The Ground Of Delay In Filing Of Appeal By Only 3 Days Without Even Granting Any Opportunity Of Being Heard To The Assessee.

For Appellant: Shri Sunil Surana, A/RFor Respondent: Shri P.P. Barman, Addl. CIT, Sr. D/R
Section 143(2)Section 250Section 43(6)

account of delay of three days, the ld. CIT(A) has dismissed the appeal of the assessee as not admissible without passing a speaking order dealing with the merits of the case. He prayed that the issues involved in this appeal be restored to the file

Rajesh Hariram Mohta, Ahmedabad vs. The ITO, Ward-6(1)(1), Ahmedabad

The appeal of the assessee is allowed

ITA 1125/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad20 Mar 2024AY 2017-18

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2017-18 Vs. Rajesh Hariram Mohta, Income-Tax Officer, 45, Jay Nagar Society, Ward-6(1)(1), B/H. Sardar Patel Hospital, Ahmedabad Rambaug, Maninagar, Ahmedabad-380008 Pan : Abopm 4792 N अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Dhinal Shah & Shri Bhadresh Gandhakwala, Ars Revenue By : Shri Urjit B. Shah, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 07/03/2024 घोषणा की तारीख /Date Of Pronouncement: 20/03/2024 आदेश/O R D E R Per Annapurna Guptapresent Appeal Has Been Filed By The Assessee Against Order Of The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)" For Short] Dated 03.11.2023 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2017-18. 2. The Ground Raised By The Assessee Is As Under:- “The Learned Cit(A) Has Erred In Confirming The Addition Of Rs.29,55,000/- Being Cash Deposited In The Bank Account Under Section 69A Inasmuch As The Cash Deposited Is Out Of Cash On Hand [Which Is Out Of Cash Sales & Cash Withdrawn] From The Business & That The Entire Amount Is From Explained Sources.” Rajesh Hariram Mohta Vs. Ito Ay : 2017-18 2

For Appellant: Shri Dhinal Shah &For Respondent: Shri Urjit B. Shah, Sr. DR
Section 142(1)Section 250Section 69A

before us that it pertained to the cash deposited during the demonetization period. It is an accepted fact that the assessment orders should be speaking orders brining out all facts and reasoning for the conclusions arrived. The present orders passed are failing on all aspects. 9. Going ahead, we have

Manohar Machhindra Thakur, Raigad vs. ITO, Ward 2, Panvel

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

ITA 1331/PUN/2023[2019-20]Status: DisposedITAT Pune20 Mar 2024AY 2019-20

Bench: Shri Partha Sarathi Chaudhury & Shri G.D. Padmahshalimanohar Machhindra Thakur, Vs Ito, Ward-2, Panvel. Dhutum Uran, Raigad-400702 Maharashtra. Pan: Ajjpt 7526 Q Appellant Respondent Assessee By : Shri Sharad Shah, Ar Revenue By : Shri Umesh Phade, Addl.Cit Date Of Hearing : 20/03/2024 Date Of Pronouncement : 20/03/2024 Order Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Order Of National Faceless Appeal Centre [Nfac], Delhi, Dated 31.10.2023 For A.Y.2019-20 As Per The Following Grounds Of Appeal:- “1. The Ld.Ao Erred In Taxing & Ld. Cit(A) Erred In Confirming The Amount Of Interest Received Of Rs. 5,17,55,606/- U/Sec. 28 Of The Land Acquisition Act & Thereby Erred In Taxing Rs. 2,58,77,803/- (After Giving 50% Deduction U/Sec. 57(Iv)). 2. Without Prejudice To Above, The Ld.Ao Be Directed To Consider Only My Share I.E. 1/5Th Only As Interest U/Sec. 28 & That Much Only Be Taxed After Giving 50% Deduction. 3. The Appellant Craves Its Right To Add To Or Alter The Grounds Of Appeal At Any Time Before Or During The Course Of Hearing Of The Case.”

For Appellant: Shri Sharad Shah, ARFor Respondent: Shri Umesh Phade, Addl.CIT
Section 143(2)Section 143(3)Section 28Section 57

case of the assessee. There has not been any independent application of mind and the NFAC has failed to come out with a speaking order. That, as a quasi judicial authority, it is a matter of common knowledge that the order passed by the NFAC should have ... speaking order and the thought process which ultimately forms the result of the order should be brought out specifically in that order itself. In this case, we find that NFAC has passed a cryptic order bereft of any discussion on merits nor there is any adjudication