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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

Deputy Commissioner of Income Tax, Circle-1, Rajamahendravaram vs. Andhra Paper Limited, Rajamahendravaram

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

ITA 162/VIZ/2022[2012-13]Status: DisposedITAT Visakhapatnam28 Feb 2023AY 2012-13

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. Nos. 162/Viz/2022 & 189/Viz/2022 ("नधा"रणवष"/ Assessment Years : 2012-13 & 2013-14) Deputy Commissioner Of Income Vs. M/S. Andhra Paper Limited Tax, Circle-1, (M/S. International Paper Rajamahendravaram. Appm Ltd), Sri Ram Nagar, Rajamahendravaram. Pan: Aact 8849 D (अपीलाथ"/ Appellant) (""यथ"/ Respondent) Co Nos: 22 & 23/Viz/2022 (In आयकरअपीलसं./ I.T.A. Nos. 162/Viz/2022 & 189/Viz/2022) ("नधा"रणवष"/ Assessment Years : 2012-13 & 2013-14) M/S. Andhra Paper Limited Vs. Deputy Commissioner Of (M/S. International Paper Appm Income Tax, Circle-1, Ltd), Rajamahendravaram. Sri Ram Nagar, Rajamahendravaram. Pan: Aact 8849 D (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ"क"ओरसे/ Assessee By : Sri K. Chakrapani ""याथ"क"ओरसे/ Revenue By : Sri Mn Murthy Naik, Cit-Dr

For Appellant: Sri K. ChakrapaniFor Respondent: Sri MN Murthy Naik, CIT-DR
Section 142(1)Section 143(2)Section 143(3)Section 14ASection 35D

mater back to the file of the Ld. AO to verify the details of expenses and compute the disallowance, if any, by passing a speaking order on this issue. Accordingly, this ground raised by the Revenue is allowed for statistical purposes. 9. With respect to Ground No.3 disallowance of sundry ... with a specific direction to examine the sundry creditors name wise, year wise and decide the case accordingly pass a speaking order on this issue, by providing one more opportunity to the assessee. Therefore, this ground raised by the Revenue is allowed for statistical purposes. 11. With respect to Ground

Sai Devlopers, Surat vs. Dy.CIT Central Cercle-4, Surat

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

ITA 122/SRT/2018[2014-15]Status: DisposedITAT Surat28 Feb 2023AY 2014-15

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.122/Srt/2018 ("नधा"रणवष" / Assessment Years: (2014-15) (Virtual Court Hearing) Sai Developers, Vs. The Dcit, Central Circle*-4, Plot No.96, R.S. No.163/2, Block Surat. No.214, T. P. Scheme, 37, Althan Road, Althan, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abjfs4342M (Assessee) (Respondent) Assessee By: Shri Brijesh Ariwala, Ar Revenue By: Shri Vinod Kumar, Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing : 28/02/2023 घोषणाक"तार"ख/Date Of Pronouncement : 28/02/2023 आदेश / O R D E R Per Dr. A. L. Saini: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2014-15, Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-4, Surat [In Short ‘Ld. Cit(A)’], In Appeal No. Cas/4/156/2016-17, Dated 22.12.2017, Which In Turn Arises Out Of A Penalty Order Passed By Assessing Officer U/S 271Aab Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’) Dated 29.09.2016. 2. At The Outset Itself, The Ld. Counsel For The Assessee Assailed The Impugned Order By Contending That Assessee Could Not Represent His Case Before Ld. Cit(A) & The Order Being An Ex Parte Order, Stood Vitiated On Account Of Violation Of Principle Of Natural Justice. The Ld. Counsel For The Assessee Submitted That Because Of Legal Dispute Amongst The Partners, The Assessee Could Not Appear Before The Ld. Cit(A) & Therefore, Ld. Cit(A) Has Passed An Ex Parte Order Without Adjudicating The Issue On Merits. Therefore, Ld. Counsel Contended That Assessment Year. 2014-15 Sai Developers An Another Opportunity To Contest The Appeal Before The First Appellate Authority May Be Granted To The Assessee.

For Appellant: Shri Brijesh Ariwala, ARFor Respondent: Shri Vinod Kumar, Sr. DR
Section 271A

interest of justice, we restore the matter back to the file of Ld. CIT(A) for de novo adjudication and pass a speaking order after affording sufficient opportunity of being heard to the assessee, who in turn, is also directed to contest his stand forthwith. Therefore, we deem

M/S. Grid Corporation of Orissa Limited, Bhubaneswar vs. ACIT-(TDS), Bhubaneswar

In the result, appeal of the assessee stands allowed

ITA 323/CTK/2019[2009-10]Status: DisposedITAT Cuttack20 Feb 2023AY 2009-10

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2009-2010 2010 Grid Corporation Of Orissa Grid Corporation Of Orissa Vs. Acit (Tds), Acit (Tds), Ltd., Ltd., Gridco Gridco House, House, Bhubaneswar. Bhubaneswar. Janapath, Bhubaneswar. Janapath, Bhubaneswar. Pan/Gir No. Pan/Gir No.Aabcg 5398 P (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : S/Shri Ved Jain/P.Venugopal Rao /P.Venugopal Rao, Ars Revenue By : Shri M.K.Gautam, M.K.Gautam, Cit Dr Date Of Hearing : 20/0 02/2023 Date Of Pronouncement : 20/0 /02/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A)-1, Bhubaneswar, 1, Bhubaneswar, Dated 12.7.2019 In Appeal No. In Appeal No.0035/17-18 For The Assessment Year The Assessment Year 2009-2010. 2. S/Shri Ved Jain & P.Venugopal Rao, S/Shri Ved Jain & P.Venugopal Rao, Ld Ar Ld Ars Appeared For The Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue. Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue. Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue.

For Appellant: S/Shri Ved Jain/P.Venugopal RaoFor Respondent: Shri M.K.Gautam
Section 154Section 244ASection 244A(2)

record all the material in support of its claim that its case falls under rule 6DD. Thereafter, Ld. AO shall pass reasoned and speaking order in accordance with law." x.) The Hon'ble Madras High Court in the case of Cuddalore District Central Co-operative Bank vs. DCIT (130 tilonann.com

Mrs. Usha Devi Agarwalla, Rourkela vs. Pr.CIT Cuttack, Cuttack

In the result, appeal of the assessee stands dismissed

ITA 117/CTK/2022[2015-16]Status: HeardITAT Cuttack14 Feb 2023AY 2015-16

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2015-16 Mrs Usha Devi Agarwalla, M Mrs Usha Devi Agarwalla, M- Vs. Pr. Cit, Cuttack Pr. Cit, Cuttack 17, 17, Civil Civil Township, Township, Rourkela. Pan/Gir No. Pan/Gir No.Abipa 0285A (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri B.R.Panda, Ar B.R.Panda, Ar Revenue By : Shri M.K.Gautam, M.K.Gautam, Cit Dr Date Of Hearing : 14/0 02/2023 Date Of Pronouncement : 14/0 /02/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Ag This Is An Appeal Filed By The Assessee Against The Order Of The Ld Pr. Ainst The Order Of The Ld Pr. Cit Passed U/S.263 Of The Act Passed U/S.263 Of The Act Dated 28.4.2020 28.4.2020 In Appeal No. Itba/Com/F/17/2020 Itba/Com/F/17/2020-21/102699194(1) For The Assessment Year The Assessment Year 2015-16. 2. Shri B.R.Panda, Ld Ar Appeared For The Assessee & Shri Shri B.R.Panda, Ld Ar Appeared For The Assessee & Shri Shri B.R.Panda, Ld Ar Appeared For The Assessee & Shri M.K,Gautam, Ld Cit Dr Appeared For The Revenue. M.K,Gautam, Ld Cit Dr Appeared For The Revenue.

For Appellant: Shri B.R.Panda, ARFor Respondent: Shri M.K.Gautam
Section 133(6)Section 143(3)Section 263

issues have been examined by the AO. 5. In reply, ld Sr DR submitted that the assessment order is bald and non-speaking order. There is no examination on the issues by the AO. There was a reply to notice u/s.133(6) of the Act that the MCL has intimated