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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

Income Tax Officer -31(2) (1), Mumbai vs. Johnson & Johnson Pvt. Ltd Gratuity Fund, Mumbai

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

ITA 1555/MUM/2022[2018-19]Status: DisposedITAT Mumbai15 Nov 2022AY 2018-19

Bench: Shri Vikas Awasthy& Shri S.Rifaur Rahmanआअसं.1555/मुं/2022 ("न.व. 2018-19) The Income-Tax Officer -31(2)(1), Kautilya Bhavan, Room No.615, 6Th Floor, Bandra Kurla Complex, Bandra (E), Mumbai 400 051. ...... अपीलाथ"/Appellant बनाम Vs. Johnson & Johnson Private Limited. Gratuity Fund, 501, Arena Space, Off. Jvlr, Jogeshwari (E), Mumbai 400 060 Pan: Aaaaj-1600-Q .....""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Ms. Vranda U Matkarni ""तवाद" "वारा/Respondent By : Shri M.P.Lohia सुनवाई क" "त"थ/ Date Of Hearing : 22/08/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 15/11/2022 आदेश/Order Per Vikash Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘ The Cit(A) ] Dated 28/12/2021 For The Assessment Year 2018-19. 2. Ms. Vranda U Matkarni Representing The Department Submitted That In The First Appellate Proceedings, The Cit(A) Allowed Assessee’S Claim Of 2 Deduction Of Rs.8.44 Crores. The Ld. Departmental Representative Submits That The Cit(A) Failed To Appreciate The Fact That The Said Claim Was Not Made By The Assessee In The Return Of Income Or In The Revised Return Of Income. The Ld. Departmental Representative Further Pointed That The Cit(A) Has Erred In Admitting Fresh Claim Of The Assessee Without Making Enquries & Restored The Same To The Assessing Officer With A Direction To Verify The Same.

For Appellant: Ms. Vranda U MatkarniFor Respondent: Shri M.P.Lohia
Section 10(25)(iv)Section 143(1)Section 250

issue to the file of Assessing Officer to pass fresh assessment order after admitting fresh claim. The CIT(A) has to pass a speaking order adjudicating the claim of assessee raised in the appeal by way of ground/additional grounds of appeal. In the instant case the CIT(A) has simply ... aside the impugned order and direct the CIT(A) to decide the appeal denovo accepting/rejecting the claim of assessee by passing a speaking order, in accordance with the law. Needless to say, the CIT(A) shall allow the assessee reasonable opportunity of hearing / opportunity to make submissions before deciding

DCIT, Chennai vs. B.V.Reddy Enterprises Pvt Ltd., Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 1914/CHNY/2019[2010-11]Status: DisposedITAT Chennai04 Nov 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.1914/Chny/2019 िनधा"रण वष"/Assessment Year: 2010-11 The Deputy Commissioner Of Vs. M/S. B.V. Reddy Enterprises Pvt. Ltd., Income Tax, New No. 21/Old No. 10A, First Floor, Corporate Circle 1(2), Umayal Road, Kilpauk, Chennai 600 034. Chennai 600 010. [Pan:Aaccn2252L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Johnson, Addl. Cit ""थ" की ओर से/Respondent By : Shri S. Sridhar, Advocate सुनवाई की तारीख/ Date Of Hearing : 15.09.2022 घोषणा की तारीख /Date Of Pronouncement 04.11.2022 : आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 1, Chennai, Dated 29.03.2019 Relevant To The Assessment Year 2010-11. 2. Facts Are, In Brief, That The Assessee Filed Its Return Of Income For The Assessment Year 2010-11 On 13.10.2010 Admitting Total Income Of ₹.15,50,25,060/-. The Assessing Officer Has Completed The Assessment Under Section 143(3) Of The Income Tax Act, 1961 [“Act” In Short] Dated

For Appellant: Shri G. Johnson, Addl. CITFor Respondent: Shri S. Sridhar, Advocate
Section 14Section 143(2)Section 143(3)Section 147Section 148

filed its objection to the reopening of the assessment. After considering the objections of the assessee, the Assessing Officer has disposed off by a speaking order dated 17.08.2017. After following due procedure and considering the submissions of the assessee, the Assessing Officer has completed the assessment under section

Resplenda Expressions Pvt Ltd., Chennai vs. ITO Corporate Ward 5(4), Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 1364/CHNY/2019[2011-12]Status: DisposedITAT Chennai04 Nov 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A.Nos.1363 & 1364/Chny/2019 िनधा"रण वष"/Assessment Years: 2010-11 & 2011-12 Resplenda Expressions Pvt. Ltd., Vs. The Income Tax Officer No. 138, Luz Church Road, Corporate Ward 5(4), Mylapore, Chennai 600 004. Chennai. [Pan: Aadcr6466M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Banusekar, C.A. ""थ" की ओर से/Respondent By : Shri S. Senthilkumaran, Cit सुनवाई की तारीख/ Date Of Hearing : 01.11.2022 घोषणा की तारीख /Date Of Pronouncement : 04.11.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals)-3, Chennai Dated 07.03.2019 Relevant To The Assessment Years 2010-11 & 2011-12. Both The Appeals Were Restored For The Limited Purposes Of Fresh Adjudication Of Legal Ground Vide Order In M.A. Nos. 92 & 93/Chny/2020 Dated 27.05.2022. 2. Facts Are, In Brief, That The Itat In I.T.A. Nos. 1363 &

For Appellant: Shri T. Banusekar, C.AFor Respondent: Shri S. Senthilkumaran, CIT
Section 147

file of the ld. CIT(A) to adjudicate the validity of reopening of the assessment under section 147 of the Act and pass speaking order. In view of the above, we direct the ld. CIT(A) to adjudicate the legal issue of validity of reopening of assessment under 4 I.T.A

Resplenda Expressions Pvt Ltd., Chennai vs. ITO Corporate Ward 5(4), Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 1363/CHNY/2019[2010-11]Status: DisposedITAT Chennai04 Nov 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A.Nos.1363 & 1364/Chny/2019 िनधा"रण वष"/Assessment Years: 2010-11 & 2011-12 Resplenda Expressions Pvt. Ltd., Vs. The Income Tax Officer No. 138, Luz Church Road, Corporate Ward 5(4), Mylapore, Chennai 600 004. Chennai. [Pan: Aadcr6466M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Banusekar, C.A. ""थ" की ओर से/Respondent By : Shri S. Senthilkumaran, Cit सुनवाई की तारीख/ Date Of Hearing : 01.11.2022 घोषणा की तारीख /Date Of Pronouncement : 04.11.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals)-3, Chennai Dated 07.03.2019 Relevant To The Assessment Years 2010-11 & 2011-12. Both The Appeals Were Restored For The Limited Purposes Of Fresh Adjudication Of Legal Ground Vide Order In M.A. Nos. 92 & 93/Chny/2020 Dated 27.05.2022. 2. Facts Are, In Brief, That The Itat In I.T.A. Nos. 1363 &

For Appellant: Shri T. Banusekar, C.AFor Respondent: Shri S. Senthilkumaran, CIT
Section 147

file of the ld. CIT(A) to adjudicate the validity of reopening of the assessment under section 147 of the Act and pass speaking order. In view of the above, we direct the ld. CIT(A) to adjudicate the legal issue of validity of reopening of assessment under 4 I.T.A

Twenty First Century Management Services Limited, Chennai vs. ACIT, Corporate Circle-3(1), Chennai

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

ITA 860/CHNY/2020[2009-10]Status: DisposedITAT Chennai31 Oct 2022AY 2009-10

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकरअपीलसं./Ita No.: 860/Chny/2020 िनधा"रण वष"/Assessment Year: 2009 - 10 Twenty First Century The Acit, Management Services Ltd., Vs. Corporate Circle-3(1), G3 No.67, Eldams Road, Chennai Alwarpet, Chennai – 600 018. Pan: Aaact 2397L (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : None ""यथ" क" ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई क" तार"ख/Date Of Hearing : 31.10.2022 घोषणा क" तार"ख/Date Of Pronouncement : 31.10.2022 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)-7, Chennai, In Ita No.404(T)/Cit(A)-7/2016-17 Dated 21.02.2020. The Assessment Was Framed By The Acit, Corporate Circle-3(1), Chennai For The Assessment Year 2009-10 U/S.143(3) R.W.S. 147 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 28.06.2016. 2. At The Outset, It Is Noticed That This Appeal Is Delayed By 169 Days. This Appeal Was Filed Before Tribunal Only On 26.10.2020 & As Per Form 36, The Order Of Cit(A) Was Received On 11.03.2020. The Assessee Has Filed Condonation Petition Stating That The Delay Was Due To The Spread Of Covid-19 Pandemic & Nationwide Lockdown Imposed By The Government From 25.03.2020. The Hon’Ble Supreme Court In Miscellaneous Application No.665 Of 2021 Vide Order Dated 23.03.2020 Has Given Directions That The Delay Are To Be Condoned During This Period 15.03.2020 To 14.03.2021 & They Have Condoned The Delay Up To 28.02.2022 In Miscellaneous Application No.21 Of 2022 Vide Order Dated 10.01.2022. In Term Of The Directions Of Hon’Ble Supreme Court, We Condone The Delay In Filing Of This Appeal By Assessee & Admit The Appeal For Adjudication.

For Appellant: NoneFor Respondent: Shri P. Sajit Kumar, JCIT
Section 143(3)Section 147Section 47

which is reproduced above, we noted that the CIT(A) has neither adjudicated the issue on merits nor on jurisdictional issue by a speaking order. Even the basic facts are not at all discussed. Hence according to us, the order of CIT(A) cannot be sustained and accordingly, remanded back ... file of the CIT(A) for deciding the issue afresh by a speaking order after hearing the assessee and allowing reasonable opportunity of being heard. 6. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on 31st October