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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

ITO, Ward-5(1), Kolkata vs. M/S Express Tradelink Pvt. Ltd, Kolkata

ITA 43/KOL/2021[2009-10]Status: DisposedITAT Kolkata08 Feb 2024AY 2009-10

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 43/Kol/2021 Assessment Year: 2009-10 Income Tax Officer, Ward -5(1), M/S. Express Tradelink Pvt. Ltd. Kolkata Vs 64, Bentinck Street 3Rd Floor Kolkata - 700001 [Pan: Aacce0887C] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Somnath Ghosh, Advocate & Shri Asim Panda, A/R Revenue By : Shri Abhijit Kundu, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 28/11/2023 घोषणा क" तारीख /Date Of Pronouncement: 08/02/2024 आदेश/O R D E R Per Dr. Manish Borad: The Above Captioned Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals), Kolkata – 7, (Hereinafter The “Ld. Cit(A)”) Dt. 23/09/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2009-10. 2. The Registry Has Pointed Out That There Is A Delay Of 36 Days In Filing The Present Appeal By The Revenue. Petition For Condonation Of Delay Is Placed On Record Explaining The Reasons. On Perusing The Same, We Are Convinced That The Revenue Was Prevented By Sufficient Cause From Filing This Appeal In Time. Accordingly, We Condone The Delay & Proceed To Admit The Appeal For Hearing. 3. The Revenue Has Raised The Following Grounds Of Appeal:-

For Appellant: Shri Somnath Ghosh, Advocate and ShriFor Respondent: Shri Abhijit Kundu, CIT, D/R
Section 250Section 68

being erroneous and prejudicial to the interest of the revenue and gave directions to conduct proper enquiry and verification and thereafter pass a speaking order. Subsequently, the Assessing Officer in light of the order passed u/s 263 of the Act, issued notice u/s 142(1) of the Act but assessee

Maharashtra State Electricity Distribution Company Ltd, Mumbai vs. DCIT 14(2)(1), Mumbai

In the result, appeal of Revenue is dismissed

ITA 3383/MUM/2019[2014-15]Status: DisposedITAT Mumbai07 Feb 2024AY 2014-15

Bench: Shri Vikas Awasthy& Shri Amarjit Singhआअसं.3383/मुं/2019 (िन.व. 2014-15) Maharastra State Electricity Distribution Co. Ltd., ‘Prakashgad’ 2Nd Floor, Anant Kanekar Marg, Bandra(East), Mumbai 400 051 Pan: Aaecm-2933-K ...... अपीलाथ"/Appellant बनाम Vs. Dy. Commissioner Of Income-Tax-14(2)(1), Room No.432, 4Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ..... "ितवादी/Respondent आअसं.2635/मुं/2019 (िन.व. 2014-15) Dy. Commissioner Of Income-Tax-14(2)(1), Room No.432, 4Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ...... अपीलाथ"/Appellant बनाम Vs. Maharastra State Electricity Distribution Co. Ltd., ‘Prakashgad’ 2Nd Floor, Anant Kanekar Marg, Bandra(East), Mumbai 400 051 ..... "ितवादी/Respondent Pan: Aaecm-2933-K Assessee By : Shri J.D.Mistry, Sr.Advocate With Shri Niraj Sheth Revenue By : Smt.Sanyogita Nagpal, Cit-Dr सुनवाई क" ितिथ/ Date Of Hearing : 30/11/2023 घोषणा क" ितिथ/ Date Of Pronouncement : 07/02/2024

For Appellant: Shri J.D.Mistry, Sr.Advocate with Shri Niraj ShethFor Respondent: Smt.Sanyogita Nagpal, CIT-DR

Officer for denovo examination. The Assessing Officer shall consider the comments of the CAG in whole and thereafter decide the issue by passing a speaking order. The Assessing Officer shall also grant reasonable opportunity of making submissions to the assessee before deciding the issue, in accordance with law. The ground

DCIT-14(2)(1), Mumbai vs. M/S Maharasthra State Electricity Distribution Co. Ltd., Mumbai

In the result, appeal of Revenue is dismissed

ITA 2635/MUM/2019[2014-15]Status: DisposedITAT Mumbai07 Feb 2024AY 2014-15

Bench: Shri Vikas Awasthy& Shri Amarjit Singhआअसं.3383/मुं/2019 (िन.व. 2014-15) Maharastra State Electricity Distribution Co. Ltd., ‘Prakashgad’ 2Nd Floor, Anant Kanekar Marg, Bandra(East), Mumbai 400 051 Pan: Aaecm-2933-K ...... अपीलाथ"/Appellant बनाम Vs. Dy. Commissioner Of Income-Tax-14(2)(1), Room No.432, 4Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ..... "ितवादी/Respondent आअसं.2635/मुं/2019 (िन.व. 2014-15) Dy. Commissioner Of Income-Tax-14(2)(1), Room No.432, 4Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ...... अपीलाथ"/Appellant बनाम Vs. Maharastra State Electricity Distribution Co. Ltd., ‘Prakashgad’ 2Nd Floor, Anant Kanekar Marg, Bandra(East), Mumbai 400 051 ..... "ितवादी/Respondent Pan: Aaecm-2933-K Assessee By : Shri J.D.Mistry, Sr.Advocate With Shri Niraj Sheth Revenue By : Smt.Sanyogita Nagpal, Cit-Dr सुनवाई क" ितिथ/ Date Of Hearing : 30/11/2023 घोषणा क" ितिथ/ Date Of Pronouncement : 07/02/2024

For Appellant: Shri J.D.Mistry, Sr.Advocate with Shri Niraj ShethFor Respondent: Smt.Sanyogita Nagpal, CIT-DR

Officer for denovo examination. The Assessing Officer shall consider the comments of the CAG in whole and thereafter decide the issue by passing a speaking order. The Assessing Officer shall also grant reasonable opportunity of making submissions to the assessee before deciding the issue, in accordance with law. The ground

M/S. Vrajesh Agencies, Vadodara vs. The Income Tax Officer, Ward-1(2)(5), Vadodara

In the result, the appeal preferred by the assessee is allowed for statistical purposes

ITA 190/AHD/2023[2013-14]Status: DisposedITAT Ahmedabad06 Feb 2024AY 2013-14

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 190/Ahd/2023 ("नधा"रण वष" / Assessment Year : 2013-14) M/S. Vrajesh Agencies Income Tax Officer, बनाम/ A-9/5, Urmi Apartments, Ward 1(2)(5), Vadodara Vs. Fatehgunj, Vadodara "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabfv1170B (Appellant) .. (Respondent) Shri Hemant Suthar, Ar अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Sushil Kumar Katiar, Sr. Dr 01/02/2024 Date Of Hearing 06/02/2024 Date Of Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal Filed At The Instance Of The Assessee Is Directed Against The Order Dated 13.02.2023 Passed By The National Faceless Appeal Centre (Nfac), Delhi, Arising Out Of The Order Dated 18.03.2016 Passed By The Ito, Ward-1(2)(5), Vadodara, Under Section 143(3) Of The Act For Assessment Year 2013-14. 2. The Appeal Was Dismissed Ex Parte By Nfac, Delhi As None Appeared On Behalf Of The Appellant In Spite Of Several Notices Issued To The Appellant. However, Since Order Passed By The Ld.

For Respondent: Shri Sushil Kumar Katiar, Sr. DR
Section 143(3)Section 250(6)

190/Ahd/2023 (M/s. Vrajesh Agencies vs. ITO) A.Y.– 2013-14 - 2 – CIT(A) is not found to be on merit by passing a speaking order considering the grounds of appeal preferred by the appellant in terms of Section 250(6) of the Act, we set aside the issue to the file

Marulasidappa Gundagathi Dyamavvanahalli, Davangere vs. Income-Tax Officer, Ward-1, Davangere

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

ITA 898/BANG/2023[2010-11]Status: DisposedITAT Bangalore06 Feb 2024AY 2010-11

Bench: Shri George George K. & Shri Chandra Poojariassessment Year: 2010-11 Marulasidappa Gundagathi Dyamavvanahalli #2035/148, Nutan Nilaya Ito 12Th Cross, Anjaneya Badavane Ward-1 Vs. Davanagere 577 005 Davangere Karnataka Pan No.Agepd9313P Assessee Respondent Assessee By : Shri V. Srinivasan, A.R. Revenue By : Shri Aparithivel, D.R. Date Of Hearing : 06.02.2024 Date Of Pronouncement : 06.02.2024 O R D E R Per Chandra Poojari: This Appeal By Assessee Is Directed Against Order Of Nfac For The Assessment Year 2010-11 Dated 29.9.2023 Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”). The Assessee Has Raised Following Grounds Of Appeal: 1: The Orders Of The Authorities Below In So Far As They Are Against The Appellant Are Opposed To Law, Equity, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Case.

For Appellant: Shri V. Srinivasan, A.RFor Respondent: Shri AParithivel, D.R
Section 142Section 234Section 250Section 68

assessee carried the appeal before CIT(A)/NFAC. Before NFAC, no reply has been filed. Accordingly, the NFAC observed that ld. AO has passed speaking order with detailed discussion on the issue involved therein and the assessee has not pursued the appeal before NFAC. No documents or submissions were provided