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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

Jitendra Kumar Agarwal, Ghaziabad vs. ITO Ward - 1(3), Ghaziabad

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

ITA 1505/DEL/2020[2014-15]Status: DisposedITAT Delhi31 May 2021AY 2014-15

Bench: Sh. Anil Chaturvedi & Ms Suchitra Kamble(Through Video Conferencing) Jitendra Kumar Agarwal Vs. Ito Prop. Anrose Pharma, 871, Ward-1(3), Vivekanand Nagar, Ghaziabad Ghaziabad, Uttar Pradesh-201002 Pan No. Afypa 8167 P (Appellant) (Respondent) Assessee By Shri K. Sampath, Advocate Revenue By Shri V. Raja Kumar, Sr. Dr Shri Sanjiv Mahajan, Sr. Dr Date Of Hearing: 11/05/2021 Date Of Pronouncement: 31/05/2021 Order Per Anil Chaturvedi, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.11.2017 Of The Commissioner Of Income Tax (Appeals)- Ghaziabad Pertaining To Assessment Year 2014-15. 2. The Relevant Facts As Culled From The Material On Records Are As Under:

Section 143(3)Section 80I

purposes.” 6. Accordingly, respectfully following the precedents, the issue is restored back to the file of Assessing Officer with the direction to pass a speaking order in accordance with law after giving the assessee a reasonable opportunity of being heard. The said order was pronounced in the open court ... assessee’s contention that the addition has been wrongly made and the CIT(A) has upheld the order of AO without passing a speaking order. It is the contention of assessee before us that assessee be provided an opportunity to prove its case before the AO. Considering the aforesaid request