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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

Ranvik Exports Pvt Ltd., New Delhi vs. DCIT CPC, Bangalore

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

ITA 1677/DEL/2020[2018-19]Status: DisposedITAT Delhi04 Aug 2021AY 2018-19

Bench: Shri R.K. Pandaassessment Year: 2018-19 Ranvik Exports Pvt. Ltd., Vs. Dcit, 403, 2Nd Floor, Near Metro Station, Cpc, Pillar No.119, Mg Road, Bangalore. Ghitorni, New Delhi. Pan: Aaacr3800L (Appellant) (Respondent) Assessee By : None Revenue By : Shri R.K. Gupta, Sr.Dr Date Of Hearing : 04.08.2021 Date Of Pronouncement : 04.08.2021 Order This Appeal By The Assessee Is Directed Against The Ex Parte Order Dated 11Th September, 2020 Of The Cit(A), Delhi, Relating To Assessment Year 2018-19. 2. It Is Seen That The Notice Issued Through Rpad Has Come Back On The Ground That The House Of The Assessee Is Locked On Visit By The Postal Authorities On Several Days. Since The Assessee Has Not Intimated Change Of Address, If Any, Therefore, This Appeal Is Being Disposed Of On The Basis Of Material Available On Record & After Hearing The Ld. Dr. 3. Although A Number Of Grounds Of Appeal Have Been Raised By The Assessee, These All Relate To The Ex Parte Order Of The Cit(A) In Confirming The Various Disallowances Made By The Cpc.

For Appellant: NoneFor Respondent: Shri R.K. Gupta, Sr.DR
Section 143(1)Section 2(24)(x)Section 36Section 37Section 43B

passed is invalid. 2 2. That on the facts and the circumstances of the case, the Ld. CIT(A) erred by not passing the speaking order in respect of issues raised pertaining to yearly entrance fee of Club amounting to Rs 310500/- and employees’ contribution to ESI PF amounting

Today Realty P.Ltd, Delhi vs. ITO, Ward-25(3), New Delhi

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

ITA 6464/DEL/2018[2014-15]Status: DisposedITAT Delhi03 Aug 2021AY 2014-15

Bench: Shri R.K. Pandaassessment Year: 2014-15 Today Realty P. Ltd., Vs. Ito, C-28, Gf, Panchsheel Enclave, Ward-25(3), New Delhi. New Delhi. Pan: Aacct8999G (Appellant) (Respondent) Assessee By : Shri V.K. Tulsian, Ca Revenue By : Shri R.K. Gupta, Sr.Dr Date Of Hearing : 03.08.2021 Date Of Pronouncement : 03.08.2021 Order This Appeal By The Assessee Is Directed Against The Ex Parte Order Dated 30Th June, 2018 Of The Cit(A)-9, New Delhi, Relating To Assessment Year 2014-15. 2. Although A Number Of Grounds Have Been Raised By The Assessee In The Grounds Of Appeal, These All Relate To The Ex Parte Order Of The Cit(A) In Sustaining The Addition Of Rs.33,50,000/- Made By The Ao U/S 68 Of The It Act, 1961. 3. This Is The Second Round Of Litigation Before The Tribunal. Earlier, The Tribunal Had Dismissed The Appeal For Want Of Prosecution. Subsequently, The Tribunal, Vide Ma No.761/Del/2019, Order Dated 26Th February, 2021, Recalled Its Earlier Order. Hence, This Is A Recalled Matter.

For Appellant: Shri V.K. Tulsian, CAFor Respondent: Shri R.K. Gupta, Sr.DR
Section 143(3)Section 68

last occasion, the assessee could not appear before the CIT(A). He submitted that the ld.CIT(A) has not passed a speaking order while dismissing the appeal filed by the assessee. He submitted that given an opportunity, the assessee is in a position to substantiate his case with evidence

M/S. Indo Japan Agro Tech Ltd., New Delhi vs. ITO, New Delhi

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

ITA 26/DEL/2017[2012-13]Status: DisposedITAT Delhi03 Aug 2021AY 2012-13

Bench: Shri R.K. Pandaassessment Year: 2012-13 Indo Japan Agro Tech Ltd., Vs. Ito, 100-A, Cycle Market, Ward-12(2), Jhandewalan Extension, New Delhi. New Delhi. Pan: Aaaci8493G (Appellant) (Respondent) Assessee By : Shri K. Sampath, Advocate & Shri V. Rajkumar, Advocate Revenue By : Shri R.K. Gupta, Sr.Dr Date Of Hearing : 03.08.2021 Date Of Pronouncement : 03.08.2021 Order This Appeal By The Assessee Is Directed Against The Order Dated 26Th October, 2016 Of The Cit(A)-18, New Delhi, Relating To Assessment Year 2012-13. 2. The Only Ground Raised By The Assessee Reads As Under:- “On The Facts & In The Circumstances Of The Case & In Law The Ld.Cit(A) Erred In Confirming The Action Of The Assessing Officer In Not Allowing Deduction For Rs.21,00,000/- Being The Amount Of Expenditure Incurred On Research & Development. The Action Being Arbitrary, Erroneous & Unlawful Must Be Quashed With Directions For Relief.” 3. This Appeal Was Earlier, Dismissed By The Tribunal For Want Of Prosecution. Subsequently, The Tribunal, Vide Ma No.604/Del/2019, Order Dated 5Th March, 2021, Recalled Its Earlier Order. Hence, This Is A Recalled Matter.

For Appellant: Shri K. Sampath, Advocate &For Respondent: Shri R.K. Gupta, Sr.DR
Section 271(1)(c)

with a direction to verify the details already on record and decide the issue as per fact and law by passing a speaking order on the issue of capital or Revenue nature of the expenses. While doing so, he shall give due opportunity of being heard to the assessee