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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

Harshaben Vrajlal Rajani, Wankaner vs. The ITO Ward -1, Morbi

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

ITA 961/RJT/2025[2017-18]Status: DisposedITAT Rajkot13 Jan 2026AY 2017-18

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No. 961/Rjt/2025 ("नधा"रणवष"/Assessment Year: (2017-18) Harshaben Vrajlal Rajani Addl/Jcit (A)-1 Chennai Amarsar, Sheri No 1, Vs. Tamil Nadu Pratap Para, Wankaner 363621, Gujarat, India "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bqepr6583E (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : None Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 13/01/2026 Date Of Pronouncement : 13/01/2026 Order Per.Dr. Arjun Lal Saini: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2017- 18, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals), Dated 10.11.2025, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 143(3) Of The Act, On 29.12.2019. 2. None Appeared On The Date Of Hearing Before The Bench, Despite Of Issuance Of Notice Of Hearing To The Assessee, On The Address Mentioned In Form No. 36. It Means The Assessee Is Not Interested In Prosecuting This Appeal. Harshaben Vrajlal Rajani 3. On The Other Hand, Ld. Dr For The Revenue, Argued That Assessee Did Not Appear Before Ld. Cit(A) Therefore, Ld. Dr Did Not Have Any Objection, If The Matter Is Restored Back To The File Of The Learned Cit(A) For Fresh Adjudication.

For Appellant: NoneFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. Dr
Section 143(3)Section 250

impugned order passed by the ld. CIT(A), is an ex-parte order and non-speaking order, therefore, I do not wish to make any comments on the merits of the grounds raised by the assessee. 5. Considering the above facts, I note that assessee has not given sufficient opportunity ... interest of justice, I restore the matter back to the file of Ld. CIT(A) for de novo adjudication and pass a speaking order after affording sufficient opportunity of being heard to the assessee, who in turn, is also directed to contest his stand forthwith. Therefore, I deem

ITO, Ward-3, Yamuna Nagar vs. Raman Kohli, Yamuna Nagar

In the result, both the appeals stand dismissed

ITA 445/CHANDI/2024[2020-21]Status: DisposedITAT Chandigarh13 Jan 2026AY 2020-21

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.445/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2020-21) & 2.आयकरअपीलसं./ Ita No.437/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2021-22) Ito Ward - 3 Raman Kohli Aaykar Bhawan, Sector-17, Huda, C/O Rama Rolling & General Mills बनाम/ Vs. Jagadhari, Haryana – 135003 Old Ambala Road Opp. Hindu Girls College Jagadhari (Haryana) - 135003 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Actpk-8263-A (अपीलाथ"/Appellant) : (""थ" / Respondent) Assessee By : Ms. Ekta Kumari (Advocate), Ms. Mehak Dhiman (Advocate), Sh. B.M. Monga (Advocate)&Sh. Rohit Kaura (Advocate) – Ld. Ars Revenue By : Sh. Bharat Bhushan Garg (Cit) – Ld. Dr (Virtual Mode) सुनवाईकीतारीख/Date Of Hearing : 10-11-2025 घोषणाकीतारीख /Date Of Pronouncement : 13-01-2026 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Revenue For Assessment Years 2020-21 & 2021-22 Have Been Preferred On Identical Facts & Issues. First, We

For Appellant: Ms. Ekta Kumari (Advocate), Ms. Mehak Dhiman (Advocate)For Respondent: Sh. Bharat Bhushan Garg (CIT) – Ld. DR (Virtual Mode)
Section 133(6)Section 143(3)

discharged this onus. 4. Whether on facts and circumstances of the case, Ld. CIT(A)/NFAC was justified in passing a cryptic and non-speaking order in which no names of the specific sellers which were found to be genuine have been mentioned by him nor the details furnished

ITO, Yamuna Nagar vs. Raman Kohli, Yamuna Nagar

In the result, both the appeals stand dismissed

ITA 437/CHANDI/2024[2021-22]Status: DisposedITAT Chandigarh13 Jan 2026AY 2021-22

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.445/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2020-21) & 2.आयकरअपीलसं./ Ita No.437/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2021-22) Ito Ward - 3 Raman Kohli Aaykar Bhawan, Sector-17, Huda, C/O Rama Rolling & General Mills बनाम/ Vs. Jagadhari, Haryana – 135003 Old Ambala Road Opp. Hindu Girls College Jagadhari (Haryana) - 135003 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Actpk-8263-A (अपीलाथ"/Appellant) : (""थ" / Respondent) Assessee By : Ms. Ekta Kumari (Advocate), Ms. Mehak Dhiman (Advocate), Sh. B.M. Monga (Advocate)&Sh. Rohit Kaura (Advocate) – Ld. Ars Revenue By : Sh. Bharat Bhushan Garg (Cit) – Ld. Dr (Virtual Mode) सुनवाईकीतारीख/Date Of Hearing : 10-11-2025 घोषणाकीतारीख /Date Of Pronouncement : 13-01-2026 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Revenue For Assessment Years 2020-21 & 2021-22 Have Been Preferred On Identical Facts & Issues. First, We

For Appellant: Ms. Ekta Kumari (Advocate), Ms. Mehak Dhiman (Advocate)For Respondent: Sh. Bharat Bhushan Garg (CIT) – Ld. DR (Virtual Mode)
Section 133(6)Section 143(3)

discharged this onus. 4. Whether on facts and circumstances of the case, Ld. CIT(A)/NFAC was justified in passing a cryptic and non-speaking order in which no names of the specific sellers which were found to be genuine have been mentioned by him nor the details furnished