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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

Manojj Ganeshlal Bhatia, Surat vs. ACIT, Cir 1(3), Surat

In the result, appeal filed by the Revenue is dismissed

ITA 494/SRT/2019[2015-16]Status: DisposedITAT Surat16 Jun 2023AY 2015-16

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.494/Srt/2019 ("नधा"रणवष" / Assessment Years: (2015-16) (Virtual Court Hearing) Assistant Commissioner Of Manojj Ganeshlal Bhatia Income-Tax, Circle-1[3], Room B-703, Opera House Building, Vs. 3Rd No.301, Floor, Anavil Nr. Agarsen Bhavan, City Light Business Centre, Adajan-Hazira Road, Surat-395007 Road, Adajan, Surat-395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aacpb 9748 E (अपीलाथ" /Assessee) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By : Shri Mehul K.Patel, Advocate राज" की ओर से/Revenue By : Shri Ashok B. Koli, Cit-Dr सुनवाई क" तार"ख/ Date Of Hearing : 21/03/2023 घोषणा क" तार"ख/Date Of Pronouncement : 16/06/2023 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Appeal Filed By The Revenue, Pertaining To Assessment Year (Ay) 2015-16, Is Directed Against The Order Passed By The Learned Commissioner Of Income-Tax (Appeals)-2, Surat [Ld. Cit(A) For Short] Dated 28.08.2019 Which In Turn Arises Out Of An Assessment Order Passed By Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”] Dated 29.12.2017. 2. Grounds Of Appeal Raised By The Revenue Are As Follows: “1) Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Is Justified In Deleting The Addition Of Rs.3,97,77,965/- Made On Account Of Profit From Future & Options Ignoring That Assessee Has Failed To Tender Evidence & Explanation In This Regard? 2) Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Is Justified In Deleting The Addition Of Rs.5,60,54,528/- Made On Account Of Unexplained Increase In Capital Holding That The Capital Accumulation Is Fully Explained On The Basis Of Capital In The Itr Of A.Y 2011-12 & Accumulated Income In The Roi For A.Y 2012-13 To A.Y 2014-15 Ignoring That Assessee Has Shown Nil Capital Balance In Itr Filed For A.Y 2014-15?

For Appellant: Shri Mehul K.Patel, AdvocateFor Respondent: Shri Ashok B. Koli, CIT-DR
Section 143(2)Section 143(3)

current assessment year. This way, ld Counsel defended the order passed by ld CIT(A) and stated that ld CIT(A) has passed a speaking order therefore the same may be upheld. 29. We have heard both the parties. We note that assessee challenged the addition on account of increased

Navinchandra Girdharbhai Patel, Surat vs. Asst. Commissioner of Income Tax, Circle-1(3), Surat

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

ITA 229/SRT/2023[2013-14]Status: DisposedITAT Surat13 Jun 2023AY 2013-14

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकर अपील सं./Ita No.229/Srt/2023 (िनधा"रण वष" / Assessment Year: (2013-14) (Virtual Court Hearing) Navinchandra Girdharbhai Patel Assistant Commissioner Of Income 23, Mitrali Row House, B/S Sahaj Tax, Circle-1(3), Surat Room Vs. Super Store, Surat-395009 No.301, Income Tax Office, Anavil Business Centre, Adajan- Hazira Road, Surat-395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Adqpp 1133 L (अपीलाथ" /Appellant ) (""थ"/Respondent)

For Appellant: Shri Mehul Shah, C.AFor Respondent: Shri Vinod Kumar– Sr.DR
Section 143(3)Section 147Section 148Section 50C

assessment u/s 147 by issuing notice u/s 148 of the I.T. Act, 1961. 3. Even otherwise, the learned CIT(A) has not passed the speaking order ignoring the facts stated in the “SOF” filed before him. ITA No.229/SRT/2023 A.Y. 2013-14 Navinchandra G Patel 4. On the facts and circumstances ... remit the issue back to the file of Assessing Officer with the direction to refer the valuation matter to DVO and pass a speaking order after providing reasonable opportunity of hearing to assessee. We also direct the assessee to submit relevant documents and evidences as and when called