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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

Hitchki Creation Pvt. Ltd., Delhi vs. DCIT, Central Circle, Noida

In the result, appeal of the assessee for A

ITA 3104/DEL/2018[2012-13]Status: DisposedITAT Delhi18 Aug 2021AY 2012-13

Bench: Sh. Anil Chaturvedi & Sh. Kuldip Singh(Through Video Conferencing) Ita Nos. 3104, 3105, 3106 & 3107/Del/2018 (Assessment Years : 2012-13, 2013-14, 2014-15 & 2015-16) Hitchki Creation Pvt. Ltd. Vs. Dcit 1St Floor, Plot No.9, 101, Central Circle Community Centre, Noida Sikka Complex, Preet Vihar, New Delhi – 110092 Pan No. Aacch 4195 C (Appellant) (Respondent) Assessee By Shri Somil Aggarwal, Adv. Shri Deepash Garg, Adv. Revenue By Shri Najmi, Cit-D.R. Date Of Hearing: 10.08.2021 Date Of Pronouncement: 18.08.2021 Order Per Bench : These Four Appeals Filed By The Assessee Are Directed Against The Consolidated Order Dated 31.10.2017 Passed By The Commissioner Of Income Tax (Appeals)-Iv, Kanpur Relating To Assessment Years 2012-13, 2013-14, 2014-15 & 2015-16. 2 2. Before Us, At The Outset, Learned Ar Submitted That Though The Four Appeals Of The Assessee Are For Four Different Assessment Years, But The Issue Involved In All The Four Appeals Are Identical & He Has Common Submissions To Make. The Aforesaid Contention Of Learned Ar Has Not Been Controverted By Revenue. In View Of The Aforesaid Facts, We For The Sake Of Convenience Proceed To Dispose Of All The Four Appeals By A Consolidated Order But For The Sake Of Reference Refer To The Facts For A.Y. 2012-13. 3. The Relevant Facts As Culled From The Material On Records Are As Under :

Section 132Section 133ASection 143(3)Section 153CSection 43B

parte order without deciding the issue on merits. The perusal of the CIT(A) order 5 reveals that CIT(A) has not passed a speaking order and has not decided the issue on merits. Sub Section (6) of Section 250 of the I. T. Act mandates

Shri Anil Nanda, New Delhi vs. DCIT, New Delhi

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

ITA 3318/DEL/2017[2007-08]Status: DisposedITAT Delhi18 Aug 2021AY 2007-08

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2007-08 Anil Nanda, Vs Dcit, 12-C, Friends Colony, Circle-68(1), New Delhi. New Delhi. Pan Aafpn4381A (Appellant) (Respondent) Assessee By : Shri Deepak Ostwal, Ca Revenue By : Shri Satpal Gulati, Cit, Dr Date Of Hearing : 02.06.2021 Date Of Pronouncement : 18.08.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31St March, 2017 Of The Cit(A)-32, New Delhi Relating To Assessment Year 2007-08. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & It Filed Its Return Of Income On 30Th July, 2007 Declaring Total Income At Rs.8,25,64,675/-. The Assessment Was Completed U/S 143(3) Of The Act On 30Th October, 2009 Accepting The Returned Income. Subsequently, The Ao Reopened The Assessment U/S 147 Of The It Act, 1961 After Recording The Following Reasons:-

For Appellant: Shri Deepak Ostwal, CAFor Respondent: Shri Satpal Gulati, CIT, DR
Section 143(3)Section 147Section 148Section 151Section 2(22)(e)Section 246

provided by the AO to the assessee. The assessee filed objections to such reopening which were disposed of by the AO by passing a speaking order. The AO, thereafter, proceeded to complete the assessment and rejecting the various explanations given by the assessee, made addition of Rs.18.75 21 crore