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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

Watanmal (India) Pvt Ltd, Chennai vs. DCIT, Corporate Circle-3(2), Chennai

In the result, both the appeals filed by the assessee are allowed

ITA 2407/CHNY/2017[2008-09]Status: DisposedITAT Chennai16 Sept 2022AY 2008-09

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T(Tp).A. No. 4/Chny/2018 & I.T.A. No. 2407/Chny/2017 िनधा"रण वष"/Assessment Years:2006-07 & 2008-09 Vs. The Deputy Commissioner Of Watanmal (India) Pvt. Ltd., Old No. 12, New No. 14, Ground Floor, Income Tax, Sripuram Second Street, Royapettah, Corporate Circle 3(2), Chennai 600 014. Chennai. [Pan:Aaacw6624B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Banusekar, C.A. ""थ" की ओर से/Respondent By : Dr. S. Palanikumar, Cit सुनवाई की तारीख/ Date Of Hearing : 05.09.2022 घोषणा की तारीख /Date Of Pronouncement : 16.09.2022 आदेश /O R D E R Per V. Durga Rao,: The Appeal Filed By The Assessee For The Assessment Year 2006- 07 Is Directed Against The Order Passed By The Ld. Dispute Resolution Panel -2, Bengaluru Under Section 143(3) R.W.S. 147 R.W.S. 92Ca(3) R.W.S. 144C(5) R.W.S. 254 R.W.S. 144C(5) Of The Income Tax Act, 1961 [“Act” In Short] Dated 27.12.2017. The Appeal Filed By The Assessee For The Assessment Year 2008-09 Is Directed Against The Order Of The Assessing Officer Under Section 143(3) R.W.S. 147 R.W.S. 92Ca(3) R.W.S.

For Appellant: Shri T. Banusekar, C.AFor Respondent: Dr. S. Palanikumar, CIT
Section 133ASection 143(1)Section 143(3)Section 147Section 148Section 92C

order of the DRP with regard to the correctness of the inclusion of these two comparables is not to be considered as a speaking order as there is no reference to the details of the functions of these two companies in the said para 1.2 of the DRP's directions

Walvoil Fluid Power India Private Limited, Bengaluru vs. Joint Commissioner of Income Tax, Circle-7(1)(1), Bengaluru

In the result, the appeal by the assessee is allowed

ITA 339/BANG/2022[2011-12]Status: DisposedITAT Bangalore14 Sept 2022AY 2011-12

Bench: Shri N.V. Vasudevan & Ms. Padmavathy Sit(Tp)A No.339/Bang/2022 Assessment Year : 2011-12 Walvoil Fluid Power India Pvt. Ltd., Vs. The Deputy Commissioner No.19, 2Nd Cross, 2Nd Main, Of Income Tax, Kiadb Attibele Industrial Area, Circle 7(1)(2), Attibele, Anekal Taluk, Bengaluru. Bengaluru – 562 107. Pan: Aaacw 5954E Appellant Respondent Appellant By : Shri R.E. Balasubramaniyan, Ca Respondent By : Dr. Shankar Prasad, K., Addl. Cit-Dr Date Of Hearing : 07.09.2022 Date Of Pronouncement : 14.09.2022 O R D E R Per Padmavathy S.This Appeal Is Against The Final Order Of The Ao Passed U/S. 143(3) R.W.S. 144C(13) Of The Income-Tax Act, 1961 [The Act] Dated 28.01.2022 For The Assessment Year 2011-12 On The Following Grounds:- “1. That The Order Of The Ld. Ao Insofar As It Is Prejudicial To The Interests Of The Appellant Is Opposed To Law & Facts Of The Case. 2. That In The Calculation Of Alp The Ld. Ao Erred In Including Entities Such As M/S Dhp India Ltd & The Sundram Bleistahl

For Appellant: Shri R.E. Balasubramaniyan, CAFor Respondent: Dr. Shankar Prasad, K., Addl. CIT-DR
Section 143(2)Section 143(3)Section 37(1)

remitted the issue pertaining to exclusion/inclusion of comparables to the file of the DRP on the ground that the DRP has passed a non-speaking order about the objections raised by the assessee with a direction to adjudicate / verify comparables qua filters finally selected

DCIT 2(3) (1), Mumbai vs. M/S. Nisa Induatrial Services Pvt. Ltd, Mumbai

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

ITA 1475/MUM/2022[2019-20]Status: DisposedITAT Mumbai07 Sept 2022AY 2019-20

Bench: Shri Amit Shukla, Jm & Shri Om Prakash Kant, Am आयकरअपीलसं./ I.T.A. No. 1475/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2019-20) M/S Nisa Industrial Dcit-2(3)(1) Services Pvt. Ltd. R. No. 552, Aayakar Bhavan, बिधम/ 509, Magnum Tower, M. K. Road, Mumbai-400 020 Lokhandwala Complex, Vs. Cross Road No. 2, Andheri West, Mumbai- 400 058 स्थायीलेखासं./जीआइआरसं./ Pan No. Aaacn1283H (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Dr. Mahesh Akhade, Ld. Dr प्रत्यथीकीओरसे/Respondent By : None सुनवाईकीतारीख/ : 08.09.2022 Date Of Hearing घोषणाकीतारीख / : 08.09.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against The Impugned Order Dated 31.03.2022, Passed By National Faceless Appeal Centre (Nfac), Delhi, In Relation To Adjustment Made U/S 143(1) For The Ay 2019-20. 2

For Appellant: Dr. Mahesh AkhadeFor Respondent: None
Section 139Section 139(1)Section 143(1)Section 143(1)(a)Section 36(1)(va)Section 43BSection 80

submissions. Whether the statute specifically provides for it or not, in our considered view, the need for disposal of objections by way of a speaking order has to be read into it as the Assessing Officer CPC, while disposing of the objections raised by the assessee, is performing a quasi

Raj Rayon Industries Ltd, Mumbai vs. PCIT, Mumbai

In the result, the appeal of the assessee is allowed

ITA 830/MUM/2022[2017-18]Status: DisposedITAT Mumbai02 Sept 2022AY 2017-18

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.830/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2017-18) Raj Rayon Industries Ltd बिधम/ Pcit-3 Survey No. 177/1/3 & 612, 6Th Floor, Aayakar Vs. 177/1/4, Village Surangi, Bhavan, Maharishi Karve Silvassa-396230 (Ut Of Road, Mumbai-400020. Dadra & Nagar Haveli & Daman & Diu)-396230. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacr7820E (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Satish Mody Revenue By: Shri T. Sankar (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 25/07/2022 घोषणा की तारीख /Date Of Pronouncement: 02/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Principal Commissioner Of Income Tax-03 [Hereinafter Referred To As The “Pcit”], Mumbai Dated 03.03.2022 For Assessment Year 2017-18 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

For Appellant: Shri Satish ModyFor Respondent: Shri T. Sankar (Sr. AR)
Section 143(3)Section 147Section 148Section 263

issuance of notice. After the objections are filed, Respondent No. 1 – Assessing Officer is bound to dispose of the same by passing a speaking order. The aforesaid argument has been made in view of the law laid down by the Hon’ble Supreme Court in the case of GKN Driveshafts

Marvel Industries Limited, Mumbai vs. Dy Comm of Income Tax, Circle 2(2)(2), Mumbai

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

ITA 1486/MUM/2022[2012-13]Status: DisposedITAT Mumbai02 Sept 2022AY 2012-13

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No. 1486/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2012-13) Marvel Industries Ltd. बिधम/ Dcit, Circle-2(2)(2) 20 Podar Chambers, Sa Aayakar Bhavan, Vs. Brelvi Road, Bombay, Mumbai. Mumbai-400023. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacm3243J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Haridas Bhat Revenue By: Shri Chetan M. Kacha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 22/08/2022 घोषणा की तारीख /Date Of Pronouncement: 02/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: By Preferring This Appeal, The Assessee/Appellant Has Challenged The Impugned Action Of The Ld. Cit(A)/ Nfac, Delhi Passed On 28Th March 2022. It Was Brought To Our Notice That The Cit(A) Has Passed An Ex-Parte Order Without Considering The Merits Of The Action Of Ao By Observing As Follows: “5. During The Course Of Appellate Proceedings, Notice For Hearing Was Issued To Appellant On 09.08.2019, 18.10.2019, 22.12.2021 & 03.03.2022. All These Notices Were Issued Through Itba System Via E- Mail Id Provided In The Itba Portal. In Response, Appellant Failed To File Any Submission In Support Of The Grounds Raised By Him Nor Did Appellant Seek For Any Adjournment. 6. It Is Clear From The Above That Appellant Has Been Granted Opportunities To Represent Its Case In The Appellate Proceedings But Has Failed To Make Any Submissions In Support Of The Grounds Of Appeal Filed By Appellant. Appellant Is Not Interested In Prosecuting The Appeal

For Appellant: Shri Haridas BhatFor Respondent: Shri Chetan M. Kacha (Sr. AR)
Section 143(1)Section 250(6)

prefers an appeal before the Ld. CIT(A), he has to state the points for determination and the decision there on by passing a speaking order (giving reason for the decision) as laid down u/s 250(6) of the Act which states that “the order of CIT(A) disposing ... ought to have dealt with the issues so raised by the assessee-appellant on merits and by way of speaking order and in accordance with the law. We, therefore, deem it fit and proper to remit the matter to the file of the CIT(A) for adjudication on merits