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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 Riyazulhaq F Pathan, Belgavi vs. Income Tax Officer, Ward - 1, Nippani

The appeal is ALLOWED

ITA 21/PAN/2019[2015-16]Status: DisposedITAT Panaji12 Jul 2023AY 2015-16

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपील सं. / Ita No. 21/Pan/2019 धििाारण वर्ा / Assessment Year : 2015-16 Shri Riyazulhaq F Pathan, Near Central Excise Quarter, Nipani Tq. Chikodi, Belagavi -591237 Pan:Ahdpp8150A . . . . . . . अपीलाथी / Appellant बिाम / V/S. Income Tax Officer, Ward-1, Nipani . . . . . . .प्रत्यथी / Respondent द्वारा / Appearances Assessee By : None Revenue By : Shri N. Shrikanth सुनवाई की तारीख / Date Of Conclusive Hearing : 10/07/2023 घोषणा की तारीख / Date Of Pronouncement : 12/07/2023 आदेश / Order Per G. D. Padmahshali, Am; The Appeal Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), Belagavi [‘Cit(A)’ In Short] Dt. 30/10/2018 Passed U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ In Short] Which In Turn Ascended Out Of The Assessment Order Dt. 28/12/2017 Passed U/S 143(3) Of The Act By The Income Tax Officer, Ward-1, Nipani [‘Ao’ In Short].

For Appellant: NoneFor Respondent: Shri N. Shrikanth
Section 115BSection 133ASection 143(3)Section 250Section 250(6)Section 69Section 69A

application of provisions of section 115BBE the assessee carried the matter before first appellate authority, which Ld. CIT(A) dismissed without a well-reasoned speaking order. ITAT-Pune Page 2 of 4 Shri Riyazulhaq F Pathan ITA No.21/PAN/2019 AY: 2015-16 5. It shall be purposive to state that, section ... Mete Vs JCIT’ (ITA No. 555/PN/2013) has set-aside the order of first appellate authority and remanded the matter back for adjudication and passing speaking order in terms of section 250(6) of the Act. ITAT-Pune Page 3 of 4 Shri Riyazulhaq F Pathan ITA No.21/PAN/2019