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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

Ai-Jadeed Social Welfare Association, Osmanabad vs. Income Tax Officer, Ward-Exemption, Pune

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

ITA 111/PUN/2024[2018-19]Status: DisposedITAT Pune19 Mar 2024AY 2018-19

Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteal-Jadeed Social Welfare Vs Ito, Ward-Exemption, Association, At Post Pune. Hangarga, Nal, Tal. Tuljapur, Dist. Osmanabad-413602 Pan: Aabta 3186 G Appellant Respondent Assessee By : Shri Nitin Rander, Ca Revenue By : Shri Umesh Phade, Dr Date Of Hearing : 19/03/2024 Date Of Pronouncement : 19/03/2024 Order Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Order Of National Faceless Appeal Centre [Nfac], Delhi, Dated 28.11.2023 For A.Y.2018-19 As Per The Following Grounds Of Appeal:- “1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Holding That The Delay In Filing The Appeal Cannot Be Condoned. The Appellant Prays That The Delay Be Condoned & Appeal Be Taken Up For Hearing. 2. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Ao & Ld. Cit(A) Ought To Have Held That The Assessee Is A Charitable Trust Registered U/Sec. 12A & U/Sec. 80G Of The Income Tax Act, 1961 (Act) & Accordingly, Eligible For Claim Of Exemption U/Sec. 11 Of The Act. 3. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Ao Erred In Disallowing The Claim Of Rs. 86,18,109/- Towards Application Of Income U/Sec. 11 Of The Act. 4. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Not Deciding The Issue On Merits & Not Allowing The Application Of Income On Objects Of The Trust U/Sec. 11 Of Rs. 86,18,109/- & Thereby Treating The Same As Income Of The Appellant. Al-Jadeed Social Welfare Association 5. Without Prejudice To Above Grounds Of Appeal, The Ld. Authorities Erred In Not Allowing The Income Of The Assessee, Being An Educational Institution Substantially Financed By State Government, Is Eligible For Exemption U/Sec. 10(23C)(Iiiab) Of The Act.”

For Appellant: Shri Nitin Rander, CAFor Respondent: Shri Umesh Phade, DR
Section 10Section 11Section 12ASection 80G

through these affidavits and examining other documents on record shall form an opinion regarding the condonation of delay of 211 days and pass a speaking order as per law. In view thereof, we set aside the order of NFAC and remand the matter back to its file for de novo