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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

Nityanand, Sant Kabir Nagar vs. Income Tax Officer, Basti

In the result, the appeal of the Assessee stands allowed for statistical purposes

ITA 470/LKW/2025[2016-17]Status: DisposedITAT Lucknow07 Jan 2026AY 2016-17

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2016-17 Nityanand V. The Income Tax Officer Vill. & Post Dhamaicha Basti Sant Kabir Nagar (U.P) Tan/Pan:Agzpn3158R (Applicant) (Respondent) Applicant By: Shri Vikram Acharya, Aca Respondent By: Shri R.R.N. Shukla, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 06.03.2025, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2016-17. 2.0 The Brief Facts Of The Case Are That The Assessee Was A Teacher Employed With The Government Of U.P. & Earned Salary Income. The Assessee Had Not Filed The Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That The Assessee Had Made Cash Deposits To The Tune Of Rs.2,16,55,000/- In His Bank Account No.144200101001330 Maintained With Corporation Bank During The Year Under Consideration & The Cash Deposited By The Assessee During The Demonetization Period, I.E. From 01.04.2015 To 31.302.016 Was Rs.15,05,000/-. The Assessing Officer (Ao)

For Respondent: Shri R.R.N. Shukla, D.R
Section 115BSection 142(1)Section 143(3)Section 144Section 147Section 148Section 69A

order of CIT(A) NFAC is against the principle of natural justice. 9) That the CIT-(A) NFAC has erred in passing a non- speaking order which is against the law even if the assessed was not represented before it. 10) That the CIT-(A) NFAC has erred in affirming

Assistant Commissioner of Income Tax, Central Circle-2, Ludhiana vs. Ritu Dhingra, Shakti Vihar, Haibowal Kalan, Ludhiana

In the result, the appeal of the Assessee and cross appeal of the Department are allowed for statistical purposes

ITA 862/CHANDI/2025[2019-20]Status: DisposedITAT Chandigarh07 Jan 2026AY 2019-20

Bench: him:- (a) That the assessment order dated 31.03.2023 passed u/s 143(3) r.w.s.153C is bad in law in as much no incriminating material was found suggesting any escapement of income at premises of Sh. Avtar Singh Kochhar. (b) That the assessment order passed is non-est and bad in law in as much the proceedings have not been conducted in the manner prescribed by the Department instructions from time to time which are mandatory for compliance by the Learned Authorities particularly with respect

For Appellant: Shri Ashwani Kumar, C.A and Ms. Deepali Aggarwal, C.AFor Respondent: Shri Rajat Kumar Kureel, CIT, DR
Section 131Section 132Section 143(3)Section 144Section 153CSection 153C(3)Section 153DSection 250Section 251(1)(a)

Assessment order is set aside to the file of AO so that submissions of the appellant can be considered by the AO, and a speaking order can be passed based on facts. Therefore, I set-aside the impugned assessment order to the file of AO for making a fresh assessment ... Needless to say, the Ld. CIT(A) shall afford adequate opportunity of being heard to the assessee and shall pass a speaking order in accordance with law. 12. In the result, the appeal of the Assessee and cross appeal of the Department are allowed for statistical purposes. Order pronounced

Deputy Commissioner of Income Tax, Patiala vs. Arun Bhandari, Patiala

In the result, both the appeals filed by the Assessee and Revenue are partly allowed

ITA 931/CHANDI/2024[2019-20]Status: DisposedITAT Chandigarh07 Jan 2026AY 2019-20

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Krinwant Sahay, Am आयकरअपीलसं./ Ita No.931/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2019-20) Deputy Commissioner Of Income Arun Bhandari Patiala बनाम/ Vs. Tax, Patiala 10, Dhillon Marg, Model Town, Patiala, Punjab-147001 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Akupb-0470-D (अपीलाथ"/Appellant) (""थ" / Respondent) : & आयकरअपीलसं./ Ita No.832/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2019-20) Arun Bhandari Patiala Acit, Dcit Central Circle बनाम/ Vs. 10, Dhillon Marg, Model Town, Patiala Patiala, Punjab-147001 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Akupb-0470-D (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Rakesh Cajla (Advocate) ""थ"कीओरसे/Respondent By : Sh. Vivek Vardhan (Addl. Cit) Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 03-11-2025 घोषणाकीतारीख /Date Of Pronouncement 07 -01-2026 : आदेश / O R D E R Krinwant Sahay () The Present Appeal Has Been Filed By The Revenue & Cross Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A)-5

For Appellant: Sh. Rakesh Cajla (Advocate)For Respondent: Sh. Vivek Vardhan (Addl. CIT) Sr. DR
Section 127Section 129Section 133ASection 142(1)Section 143(2)Section 144Section 69C

ground No. 4 is against the rejection of books of account. On this account, the Ld. CIT(A) has given a very detailed and speaking order in the appellate order: 6.5.3 I have considered the reasoning given by the AO in assessment order, submissions & documents submitted by the appellant, facts ... merits and is therefore deleted. Accordingly, this ground of appeal is allowed.” 23. We find that the Ld. CIT Appeal has given a speaking order on this issue and it needs no interference accordingly, Revenue appeal on this issue is dismissed. 24. Appeal on Ground No.4 is against the direction

Arun Bhandari, Patiala vs. ACIT DCIT Central Circle Patiala, Patiala

In the result, both the appeals filed by the Assessee and Revenue are partly allowed

ITA 832/CHANDI/2024[2019-20]Status: DisposedITAT Chandigarh07 Jan 2026AY 2019-20

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Krinwant Sahay, Am आयकरअपीलसं./ Ita No.931/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2019-20) Deputy Commissioner Of Income Arun Bhandari Patiala बनाम/ Vs. Tax, Patiala 10, Dhillon Marg, Model Town, Patiala, Punjab-147001 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Akupb-0470-D (अपीलाथ"/Appellant) (""थ" / Respondent) : & आयकरअपीलसं./ Ita No.832/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2019-20) Arun Bhandari Patiala Acit, Dcit Central Circle बनाम/ Vs. 10, Dhillon Marg, Model Town, Patiala Patiala, Punjab-147001 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Akupb-0470-D (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Rakesh Cajla (Advocate) ""थ"कीओरसे/Respondent By : Sh. Vivek Vardhan (Addl. Cit) Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 03-11-2025 घोषणाकीतारीख /Date Of Pronouncement 07 -01-2026 : आदेश / O R D E R Krinwant Sahay () The Present Appeal Has Been Filed By The Revenue & Cross Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A)-5

For Appellant: Sh. Rakesh Cajla (Advocate)For Respondent: Sh. Vivek Vardhan (Addl. CIT) Sr. DR
Section 127Section 129Section 133ASection 142(1)Section 143(2)Section 144Section 69C

ground No. 4 is against the rejection of books of account. On this account, the Ld. CIT(A) has given a very detailed and speaking order in the appellate order: 6.5.3 I have considered the reasoning given by the AO in assessment order, submissions & documents submitted by the appellant, facts ... merits and is therefore deleted. Accordingly, this ground of appeal is allowed.” 23. We find that the Ld. CIT Appeal has given a speaking order on this issue and it needs no interference accordingly, Revenue appeal on this issue is dismissed. 24. Appeal on Ground No.4 is against the direction

Vk Warehousing Enterprises, Hyderabad vs. DCIT., Circle-6(1), Hyderabad

In the result, both the appeals filed by the assessee firm and the revenue are partly allowed for statistical purposes, in terms of our observations recorded hereinabove

ITA 737/HYD/2025[2017-18]Status: DisposedITAT Hyderabad07 Jan 2026AY 2017-18

Bench: Shri Manjunatha G & Shri Ravish Soodआ.अपी.सं /Ita No.737/Hyd/2025 (िनधा"रण वष"/Assessment Year:2017-18) M/S. V K Warehousing Enterprises, Dy. Commissioner Of Income Tax, Vs. Circle 6(1), Hyderabad. Hyderabad. Pan : Aakfv3288R (Appellant) (Respondent) आ.अपी.सं /Ita No.881/Hyd/2025 (िनधा"रण वष"/Assessment Year:2017-18) Dy. Commissioner Of Income Tax, M/S. V K Warehousing Enterprises, Circle 6(1), Hyderabad. Vs. Hyderabad. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Rajesh Vaishnav, C.A. राज" व "ारा/Revenue By: Shri P. Dhivahar, Cit-Dr सुनवाई की तारीख/Date Of Hearing: 22/12/2025 घोषणा की तारीख/Pronouncement: 07/01/2026

For Appellant: Shri Rajesh Vaishnav, C.AFor Respondent: Shri P. Dhivahar, CIT-DR
Section 143(2)Section 144Section 234BSection 271(1)(b)Section 40Section 69Section 69CSection 801B

once a specific explanation supported by primary details was placed on record, the CIT(A) was required to adjudicate the same by passing a speaking order. We therefore set aside this issue to the file of the CIT(A) for fresh adjudication in accordance with law. 12. Coming

Initiative for Moral and Cultural Training Foundation Telangana, Hyderabad vs. CIT (Exemption), Hyderabad

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1015/HYD/2025[2024-25]Status: DisposedITAT Hyderabad07 Jan 2026AY 2024-25

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1015/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2024-25) Initiative For Moral & Vs. Commissioner Of Income Cultural Training Tax (Exemptions) Foundation Telangana, Hyderabad Hyderabad Pan:Aacti2564F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate T. Chaitanya Kumar राज" व "ारा/Revenue By:: Smt. U. Mini Chandran, Cit (Dr) सुनवाई की तारीख/Date Of Hearing: 22/12/2025 घोषणा की तारीख/Pronouncement: 07/01/2026 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Initiative For Moral & Cultural Training Foundation Telangana, (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Exemption), (“Ld. Cit(E)”) Dated 19.03.2025 For The A.Y 2024-25. Page 1 Of 6

For Appellant: Advocate T. Chaitanya KumarFor Respondent: : Smt. U. Mini Chandran, CIT
Section 80G

without pointing out any specific deficiency in the documents furnished by the assessee. It was also submitted that the impugned order is a non-speaking order, violating principles of natural justice. The Ld. AR prayed that the matter be remanded back to the Ld. CIT(E) to consider the submissions ... afresh and pass a reasoned and speaking order, after giving the assessee an effective opportunity of being heard. 6. The Ld. DR supported the order of the Ld. CIT(E), stating that the Ld. CIT(E) has jurisdiction to assess the genuineness of activities before granting approval under Section