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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

Dy, Commissioner of Income Tax, Central Circle-3(4), Mumbai vs. Glint Infraporjects Private .Ltd, Mumbai

In the result, the appeal of the learned Assessing Officer and CO of the assessee, are dismissed

ITA 2166/MUM/2023[2012-13]Status: DisposedITAT Mumbai28 Feb 2024AY 2012-13

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Dy. Commissioner Of Income Glint Infraprojects Private Tax, Limited Central Circle 3(4), 5Th Floor, Sunteck Centre, Room No.1915, 19T Floor, Vs. 37-40 Subash Rd, Vile Parle Air India Building, (E), Mumbai-400 057 Nariman Point-400 021 (Appellant) (Respondent) Pan No. Aadcg5620L Co No. 131/Mum/2023 (Arising In Ita No.2166/Mum/2023 For A.Y. 12-13) Dy. Commissioner Of Income Glint Infraprojects Private Tax, Limited Central Circle 3(4), 5Th Floor, Sunteck Centre, Room No.1915, 19T Floor, Vs. 37-40 Subash Rd, Vile Parle Air India Building, (E), Mumbai-400 057 Nariman Point-400 021 (Appellant/ Cross Objector) (Respondent) Assessee By : Shri Gaurav Kabra, Ar Revenue By : Shri Mirza Azhar, Dr Date Of Hearing: 25.01.2024 Date Of Pronouncement : 28.02..2024

For Appellant: Shri Gaurav Kabra, ARFor Respondent: Shri Mirza Azhar, DR
Section 143(1)Section 143(3)Section 147Section 148Section 68

filed return of income on 19th April, 2019, recorded reasons were requested, were provided on 9th July, 2019, against which objections were raised and speaking order was passed on 20th August, 2019, rejecting the same. The Reason as as under :- 05. The reasons recorded are as under:- “1. The assessee ... bank account of the assessee; the return of income remained unscrutinized. The objections were raised by the assessee were also disposed off by speaking order. As at the stage of reopening of assessment ld AO is required to make only prima facie reason to believe that income has exscaped assessment

Radisson India Charitable Foundation, Gurgaon vs. CIT (Exemptins), Chandigarh

The appeals of the assessee are treated as allowed for statistical purposes

ITA 345/CHANDI/2023[2023-24]Status: DisposedITAT Chandigarh27 Feb 2024AY 2023-24

Bench: Shri Sanjay Garg & Shri Vikram Singh Yadavआयकर अपील सं./Ita Nos. 344 & 345/Chd/2023 "नधा"रण वष" / Assessment Year : 2023-24 Radisson India Charitable Foundation, Vs The Cit (Exemption), 1St Floor, Block-A Chimes, Chandigarh. Plot No.61, Sector 44, Gurgaon. "थायीलेखासं./Pan No: Aaetr3910L अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee By: Shri Pradeep Dinodia, Ca राज"व क" ओर से/ Revenue By : Smt. Kusum Bansal, Cit, Dr सुनवाई क" तार"ख/Date Of Hearing : 14.02.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 27.02.2024 Hybrid Hearing आदेश/Order Per Sanjay Garg: The Present Appeal ( Ita 344/Chd/2023) Has Been Preferred By The Assessee Foundation Agitating Against The Action Of The Ld. Commissioner Of Income Tax (Exemptions), Chandigarh [Hereinafter Referred To As ‘Ld.Cit(E)’] Dated 29.03.2023 In Rejecting The Application Of The Assessee For Final Registration U/S 12A(1)(Ac) (Iii) Of The Income Tax Act, 1961 (In Short ‘The Act) Whereas Ita No. 345/Chd/2023 Is Relating To Rejection Of The Application Of The Assessee For

For Appellant: Shri Pradeep Dinodia, CAFor Respondent: Smt. Kusum Bansal, CIT, DR
Section 12ASection 12A(1)(ac)Section 80G(5)

case. Needless to say that the ld. CIT(E) will duly go through the details and evidences furnished by the assessee and thereafter, pass speaking orders in both the appeals. 5. The appeals of the assessee are treated as allowed for statistical purposes. Order pronounced 27 t h February

Radisson India Charitable Foundation, Gurgaon vs. CIT (Exemptins), Chandigarh

The appeals of the assessee are treated as allowed for statistical purposes

ITA 344/CHANDI/2023[2023-24]Status: DisposedITAT Chandigarh27 Feb 2024AY 2023-24

Bench: Shri Sanjay Garg & Shri Vikram Singh Yadavआयकर अपील सं./Ita Nos. 344 & 345/Chd/2023 "नधा"रण वष" / Assessment Year : 2023-24 Radisson India Charitable Foundation, Vs The Cit (Exemption), 1St Floor, Block-A Chimes, Chandigarh. Plot No.61, Sector 44, Gurgaon. "थायीलेखासं./Pan No: Aaetr3910L अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee By: Shri Pradeep Dinodia, Ca राज"व क" ओर से/ Revenue By : Smt. Kusum Bansal, Cit, Dr सुनवाई क" तार"ख/Date Of Hearing : 14.02.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 27.02.2024 Hybrid Hearing आदेश/Order Per Sanjay Garg: The Present Appeal ( Ita 344/Chd/2023) Has Been Preferred By The Assessee Foundation Agitating Against The Action Of The Ld. Commissioner Of Income Tax (Exemptions), Chandigarh [Hereinafter Referred To As ‘Ld.Cit(E)’] Dated 29.03.2023 In Rejecting The Application Of The Assessee For Final Registration U/S 12A(1)(Ac) (Iii) Of The Income Tax Act, 1961 (In Short ‘The Act) Whereas Ita No. 345/Chd/2023 Is Relating To Rejection Of The Application Of The Assessee For

For Appellant: Shri Pradeep Dinodia, CAFor Respondent: Smt. Kusum Bansal, CIT, DR
Section 12ASection 12A(1)(ac)Section 80G(5)

case. Needless to say that the ld. CIT(E) will duly go through the details and evidences furnished by the assessee and thereafter, pass speaking orders in both the appeals. 5. The appeals of the assessee are treated as allowed for statistical purposes. Order pronounced 27 t h February

Bajaj Housing Finance Limited, Pune vs. The Principal Commissioner of Income Tax-3, Pune

In the result, appeal of the assessee is allowed

ITA 564/PUN/2023[2018-19]Status: DisposedITAT Pune26 Feb 2024AY 2018-19

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.564/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Bajaj Housing Finance Limited, The Principal 3Rd Floor, Panchsil Tech Park, V Commissioner Of Income Viman Nagar, Pune – 411014. S Tax-3, Pune. Pan: Aadcb6018P Appellant/ Assessee Respondent /Revenue Assessee By Shri Percy Pardiwala & Ms.Vasanti B.Patel – Ar’S Revenue By Shri Keyur Patel – Cit(Dr) Date Of Hearing 12/01/2024 Date Of Pronouncement 26/02/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Under Section 263 Of The Income Tax Act, 1961, Passed By Ld.Principal Commissioner Of Income Tax, Pune-3 On 14.03.2023. In This Case, Assessment Order Was Passed On 26.02.2021. The Assessee Has Raised The Following Grounds Of Appeal : 1. Ground I: Challenging The Validity Of Revision Proceedings Under Section 263 Of The Act 1.1. The Learned Pcit Failed To Appreciate That The Assessment Order Passed By The Assistant Commissioner Of Income Tax, Circle 8, Pune (Hereinafter Referred To As Learned Ao) Under Section 143(3) Of The Act Bajaj Housing Finance Limited [A]

Section 143(1)Section 143(3)Section 2Section 263Section 36Section 36(1)(viia)

covered in the main provisions of section 36(l)(viia) of the Act. The learned CIT(A) has passed a very exhaustive and speaking order and we do not find any infirmity in the same.” 6 Bajaj Housing Finance Limited [A] 4. The ld.AR also submitted that however ITAT Chennai

Sanil Sethu Madhavan, Pune vs. CIT A, Pune

The appeal is ALLOWED FOR STATISTICAL PURPOSE

ITA 1051/PUN/2023[18-19]Status: DisposedITAT Pune23 Feb 2024

Bench: Hon’Ble Partha Sarathi Choudhury & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No.1051/Pun/2023 निर्धारण वषा / Assessment Year : 2018-19 Sanil Sethu Madhavan 56/4/1, Kondhwa Khurd Lane-12, Nr Ravi Apts, Pune-411048 Pan : Aucpm6579Q . . . . . . . अपीलार्थी / Appellant बिधम / V/S. Dy. Commissioner Of Income Tax, Cpc, Bengaluru . . . . . . . प्रत्यर्थी / Respondent द्वधरध / Appearances Assessee By : None For The Assessee Revenue By : Mr Gaurav Singh ‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 23/02/2024 घोषणा की तारीख / Date Of Pronouncement : 23/02/2024 आदेश / Order Per G. D. Padmahshali, Am; This Appeal Is Filed U/S 253(1)(A) Of The Income Tax Act [‘The Act’] By The Assessee Challenging The Order Of National Faceless Appeal Centre, Delhi [‘Nfac’] Din & Order Itba/Nfac/S/250/2023-24/1054731019(1) Dt. 31/07/2023 Passed U/S 250 Of The Act.

For Appellant: None for the AssesseeFor Respondent: Mr Gaurav Singh ‘Ld. DR’]
Section 139(1)Section 143(1)Section 24Section 250Section 250(6)Section 253(1)(a)

impugned order and remit the file of Ld. NFAC with a direction deal therewith de-nova in accordance with applicable law and pass a speaking order in terms of section 250(6) of the Act. ITAT-Pune Page 3 of 4 Sanil Madhavan Vs CPC, Bengaluru ITA No.1051/PUN/2023

Basuki Vyapaar Pvt.Ltd., Kolkata vs. ITO, Ward- 8(1), Kolkata

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

ITA 184/KOL/2023[2013-14]Status: DisposedITAT Kolkata23 Feb 2024AY 2013-14

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. No.184/Kol/2023 Assessment Year: 2013-14 Basuki Vyapaar Pvt. Ltd. ………. Appellant (Pan: Aaccb6156B) Vs. Income Tax Officer, Ward-8(1), Kolkata. …………….. Respondent Appearances By: N O N E Appeared For Appellant. Shri Jitendra Kantilal Surti, Jcit (Dr) Appeared For Respondent. Date Of Concluding The Hearing : 05.02.2024 Date Of Pronouncing The Order : 23.02.2024 Order Per Manish Borad: This Appeal Filed By The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2013-14 Is Directed Against The Order Passed U/S 250 Of The Income Tax Act, 1961 In Short The “Act”) By Ld. Commissioner Of Income-Tax, Nfac, Delhi [In Short Ld. “Cit(A)”] Dated 09.01.2023 Arising Out Of The Assessment Order Framed U/S 143(3) Of The Act By Ito, Ward-8(1) Dated 08.03.2016. 2. When The Case Was Called Or None Appeared On Behalf Of The Assessee. In The Past Also When The Case Was Fixed For Hearing On 06.06.2023 & 23.08.2023, There Was No Compliance. We Thus

Section 143(2)Section 143(3)Section 250Section 68

appellant in the Memo of Appeal. 4. For that the Ld. CIT (A) is bad in law since the order passed is not any speaking order nor the Ld. CIT(A) has looked into the assessment records and relevant materials to conclude that the order of the Ld. AO cannot