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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

Income Tax Officer, Ward-Mahasamund, Mahasamund vs. Smt. Nirmala Devi Shrishrimal, Mahasamund

In the result, appeal of the Revenue is partly allowed for statistical purposes in terms of our observations herein above

ITA 197/RPR/2022[2018-19]Status: DisposedITAT Raipur31 Jul 2023AY 2018-19

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.197/Rpr/2022 ("नधा"रण वष" / Assessment Year: 2018-19) Income Tax Officer, Vs Smt. Nirmala Devi Shrishrimal, Ward-Mahasamund, 31, M.B. Building, Gandhi Chowk, Chhattisgarh Mahasamund, Chhattisgarh Pan No. : Ajgps 0562 G (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Sh. Amit M. Jain, Advocate राज"व क" ओर से /Revenue By : Sh. Simran Bhullar, Cit(Dr) सुनवाई क" तार"ख / Date Of Hearing : 18.07.2023 घोषणा क" तार"ख/Date Of Pronouncement : 31.07.2023 आदेश / O R D E R Per Arun Khodpia, Am : The Present Appeal By The Revenue Is Directed Against The Order Of Learned Commissioner Of Income Tax (Appeals) – National Faceless Appeals Centre (Nfac), Delhi, Dated 29.08.2023 For The Assessment Year 2018-19. The Revenue Has Raised The Following Grounds Of Appeal:- 1. On The Facts & The Circumstances Of The Case Whether The Ld. Cit(A), Nfac Was Justified In Deleting The Addition Of Rs.3,12,98,657/- U/S 68 Of The I.T. Act, 1961 Without Calling For Remand Report From The Ao On The Issue Of Unexplained Increase In Capital U/S 68 Of The Act. 2. Any Other Grounds That May Be Adduced At The Time Of Hearing. 2. The Brief Facts Of The Case Are That The Appellant Assessee Is An Individual Has Filed Her Return Of Income For The Assessment Year 2018-19 On 30Th March, 2019, Showing A Total Income Of Rs.7,03,830/-. The Case Of Assessee Was Selected For Limited Scrutiny Assessment Under E- Assessment Scheme, 2019 On The Issue Of Share Capital/Other Capital.

For Appellant: Sh. Amit M. Jain, AdvocateFor Respondent: Sh. Simran Bhullar, CIT(DR)
Section 143Section 143(2)Section 144Section 250Section 68

learned CIT(A) has recognised the same and decided the issue legitimately. It was, therefore, the submissions of learned AR that the reasoned and speaking order of learned CIT(A) deserves to be sustained. It was also the submission of learned AR that, since, the mistake was on the part