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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

Shri Kuldeep Kumar, Bikaner vs. ITO, Ward-1(4), Bikaner

In the result, the appeal of the assessee is partly allowed

ITA 221/JODH/2023[2010-11]Status: DisposedITAT Jodhpur10 Aug 2023AY 2010-11

Bench: Shri Pavan Kumar Gadale & Dr. Dipak P. Ripoteassessment Year : 2010-11 Sh. Kuldeep Kumar S/O Ram Income Tax Officer, Swaroop, Chak-13 Kyd Vs Ward-1(4), Bikaner Khajuwala, Bikaner-3334023 Pan: Brkpk2021B Appellant / Assessee Respondent / Revenue Assessee By Sh. Suresh Ojha, Advocate Revenue By Ms. Nidhi Nair, Jcit-Dr Date Of Hearing 09.08.2023 Date Of Pronouncement 10.08.2023 Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals) (Nfac) Under Section 250 Of Income Tax Act, 1961 Dated 24.05.2023 Emanating From The Assessment Order Passed Under Section 147 R.W.S. 143(3) Of The Act Dated 21.11.2017. The Grounds Of Appeal Raised By The Assessee Are As Under:- 1. The Order Passed By The Income Tax Officer & Sustained By The Commissioner Of Income Tax (Appeals) Is Illegal Against The Law & Without Any Application Of Mind, Therefore, Is Liable For Quash. Sh. Kuldeep Kumar

Section 147Section 148Section 250

appreciate the evidence, additional evidence, and submission submitted before him, therefore, the Addition may kindly be declared illegal looking to the unreasoned and non-speaking order. 4. That cost may kindly be awarded because the Commissioner of Income Tax appeals fails to follow the law of the land and also ... levied. 3.1 The relevant part of the ld. AR’s written submission is reproduced as under:- “The CIT (A) fails to pass the speaking order and passed the order in few lines whereas the assessee submitted a detailed submission referring to the case law AND THE TAXPAYER HAS BEEN DELIBERATELY

The Deputy Commissioner of Income Tax, Central Circle-2, Visakhapatnam vs. Linton Projects Private Limited, Vizianagaram

In the result, appeal of the Revenue is allowed for statistical

ITA 119/VIZ/2021[2018-19]Status: DisposedITAT Visakhapatnam10 Aug 2023AY 2018-19

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No.119/Viz/2021 ("नधा"रण वष" / Assessment Year :2018-19) Deputy Commissioner Of Income Vs. M/S. Linton Projects Pvt. Ltd., Tax, Central Circle-2 D.No. 16-5-23, Visakhapatnam. Yelugubantivari Veedhi, Vizianagaram. Pan: Aabcl 6461 E (अपीलाथ"/ Appellant) (""यथ"/ Respondent) C.O. No.14/Viz/2023 (In आयकर अपील सं./ I.T.A. No.119/Viz/2021) ("नधा"रण वष" / Assessment Year :2018-19) M/S. Linton Projects Pvt. Ltd., Vs. Deputy Commissioner Of D.No. 16-5-23, Yelugubantivari Income Tax, Central Circle-2 Veedhi, Vizianagaram. Visakhapatnam. Pan: Aabcl 6461 E (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Assessee By : Sri C. Subrahmantyam, Ar ""याथ" क" ओर से / Revenue By : Sri Mn Murthy Naik, Cit-Dr

For Appellant: Sri C. Subrahmantyam, ARFor Respondent: Sri MN Murthy Naik, CIT-DR
Section 132Section 143(2)Section 143(3)Section 68

reiterate that on furnishing the details by the assessee, the Ld. AO should verify and examine them in accordance with law and pass a speaking order. It is ordered accordingly. 7. In the result, appeal of the Revenue is allowed for statistical purposes. C.O. No.14/Viz/2023 (By Assessee) 8. With respect