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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

Midway Motors \Private Limited, Cuttack vs. Pr.CIT-1, Bhubaneswar

In the result, appeal of the assessee stands allowed

ITA 148/CTK/2023[2017-18]Status: DisposedITAT Cuttack28 Jun 2023AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.148/Ctk/2023 (ननधाारण वषा / Assessment Year : 2017-2018) Midway Motors Private Limited, Vs Pr.Cit, Bhubaneswar-1 Plot No.554, Nuapada Chaak, Madhupatna, Cuttack-753010 Pan No. :Aajcm 8153 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri Sunil Mishra, Advocate राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Pr.Cit(Osd) सुनवाई की तारीख / Date Of Hearing : 28/06/2023 घोषणा की तारीख/Date Of Pronouncement : 28/06/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Pr.Cit, Bhubaneswar-1, Dated 11.01.2022, Passed In Itba/Rev/F/Rev5/2021-22/1038622483(1), For The Assessment Year 2017-2018. 2. It Was Submitted By The Ld. Ar That There Is Delay Of 411 Days In Filing The Present Appeal, Which Was Due To Death Of The Accountant Of The Assessee, Who Was Looking After The Tax Matters Of The Assessee. The Affidavit Filed By The Assessee Has Not Been Found To Be False & The Reasons Given Are Found To Be Reasonable. Consequently, The Delay Of 411 Days In Filing The Appeal Is Condoned & Appeal Of The Assessee Is Disposed Off On Merits.

For Appellant: Shri Sunil Mishra, AdvocateFor Respondent: Shri M.K.Gautam, Pr.CIT(OSD)
Section 142(1)Section 143(3)Section 263

made without proper enquiry is liable to be quashed. 5. In reply, ld. CIT-Dr submitted that the assessment order is a non- speaking order and it is a very cryptic order which shows the non- application of mind by the AO. It was the submission that the revenue