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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

Ajayshree Gramin Bigar Sheti Sahakari Patsanstha Maryadit, Pune vs. NFAC, Delhi

In the result, appeal of the assessee is allowed

ITA 1427/PUN/2023[2018-19]Status: DisposedITAT Pune08 Mar 2024AY 2018-19

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1427/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Ajayshree Gramin Bigar Sheti The National Faceless Sahakari Patasanstha Maryadit, V Assessment At Post Murum, Tal Baramati, S Centre(Nfac), Delhi. Dist Pune, Pune – 412306. Pan: Aaaaa9964E Appellant/ Assessee Respondent /Revenue Assessee By Shri Manoj R Jain – Ar Revenue By Shri Ramnath P Murkunde - Dr Date Of Hearing 06/03/2024 Date Of Pronouncement 08/03/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Dated 30.10.2023 For A.Y.2018-19. The Grounds Of Appeal Raised By The Assessee Are As Under : “1. The Learned Cit (A) Has Erred In Confirming The Addition Of Rs.86,59,612/-Made By The Ao On Account Of Disallowance Of Deduction Claimed By The Appellant U/S 80P(2)(A)(I) Of The Act Without Considering The Detailed Submissions Made By The Appellant & Without Passing Any Speaking Order, On The Ground That Only The Income Earned By Providing Credit Facility To Its Members Be Treated Ajayshree Gramin Bigar Sheti Sahakari Patasanstha Maryadit [A]

Section 143(3)Section 57Section 80PSection 80P(2)(a)

appellant u/s 80P(2)(a)(i) of the Act without considering the detailed submissions made by the appellant and without passing any speaking order, on the ground that only the income earned by providing credit facility to its members be treated Ajayshree Gramin Bigar Sheti Sahakari Patasanstha Maryadit

Jagannath Tryambakrao Vyavahare, Nashik vs. Income Tax Officer, Ward 2(1), Nashik

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

ITA 1436/PUN/2023[2015-16]Status: DisposedITAT Pune07 Mar 2024AY 2015-16

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1436/Pun/2023 िनधा"रण वष" / Assessment Year : 2015-16 Jaganath Tryambakrao The Income Tax Vyavahare, V Officer, Ward-2(1), Sambhaji Chowk, Niphad, S Nashik. Nashik, Maharashtra – 422303. Pan: Aigpv5925R Appellant/ Assessee Respondent /Revenue Assessee By Smt. Deepa Khare – Ar Revenue By Shri Ramnath P Murkunde - Dr Date Of Hearing 06/03/2024 Date Of Pronouncement 07/03/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Dated 09.08.2023 For A.Y.2015-16. The Grounds Of Appeal Raised By The Assessee Are As Under : “1. The Ld Cit(A) Erred In Law & On Facts In Dismissing The Appeal & Upholding The Order Of Ld Ao Without Serving Notice Of Hearing On The Registered Address Of The Appellant.

Section 250(4)Section 250(6)Section 251(1)(a)Section 282

case and as per law the Ld CIT(A) is not justified in confirming addition of Rs 2,51,50,000/- without passing a speaking order and without giving specific reasons or finding for his action. 5. The learned CIT(A) erred in law and on facts in not considering ... were provided. I am constrained to agree with the approach adopted by the AO in making addition. The AO has passed a reasoned and speaking order considering all the facts and the circumstances of the case and no interference with the order of the AO is called for. The grounds

Bright Singh Chelladurai, Nagercoil vs. Income Tax Officer, Ward 1, Tirunelveli

The appeal stands allowed for statistical purposes

ITA 1424/CHNY/2023[2015-16]Status: DisposedITAT Chennai07 Mar 2024AY 2015-16

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1424/Chny/2023 (िनधा*रण वष* / Assessment Year: 2015-16) Shri Bright Singh Chelladurai Ito बनाम No.5 Nanthanial Street, Ward-1, / Vs. Nagercoil-629 001. Tirunelveli. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Atvpb-0028-K (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri R. Sivaraman (Advocate)-Ld. Ar " थ"कीओरसे/Respondent By : Shri D. Hema Bhupal (Jcit)- Ld. Dr सुनवाईकीतारीख/Date Of Final Hearing : 07-03-2024 घोषणाकीतारीख /Date Of Pronouncement : 07-03-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2015-16 Arises Out Of The Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 23-10-2023 In The Matter Of Assessment Framed By Ld. Assessing Officer [Ao] U/S. 147 R.W.S 144 Of The Act On 22-03-2022. 2. At The Time Of Hearing, The Ld. Ar Sought Adjournment Which Was Rejected By The Bench Considering The Fact That Assessment Has Been Made On Best Judgment Basis & The Assessee Failed To Substantiate Its Case Even Before Ld. Cit(A) Despite Being Provided With Various

For Appellant: Shri R. Sivaraman (Advocate)-Ld. ARFor Respondent: Shri D. Hema Bhupal (JCIT)- Ld. DR
Section 144Section 147Section 148

reflected in Form 26AS . The assessee only objected to service of notice u/s.148 of the Act and the objections were disposed-off by speaking order. In the absence of any explanation forthcoming from the assessee, Ld. AO estimated profit of 8% on contractual receipts and added the differential amount