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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

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

In the result, the grounds raised by the assessee are allowed for statistical purposes

ITA 5902/DEL/2019[2010-11]Status: DisposedITAT Delhi18 Feb 2021AY 2010-11

Bench: Shri R.K. Pandaassessment Year: 2010-11 Harish Kumar, Vs Ito, C/O Raman Sharma, Advocate, Ward-1(3), 117, Ff, Navyug Market, Ghaziabad. Ghaziabad. Uttar Pradesh. Pan: Bcepk4087J (Appellant) (Respondent) Assessee By : Shri Rohit Tiwari, Advocate Revenue By : Shri Farath Khan, Sr. Dr Date Of Hearing : 18.02.2021 Date Of Pronouncement : .02.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28Th February, 2019 Of The Cit(A), Ghaziabad, Relating To Assessment Years 2010-11. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual. Information Was Obtained By The Ao As Per Air Information That The Assessee Has Deposited An Amount Of Rs.17,57,500/- In The Savings Bank Account During F.Y. 2009-10. To Verify The Genuineness Of The Transaction, Verification Letters Dated 29Th April, 2016 & 20Th January, 2017 Were Issued To The Assessee At The Address Given By The Filer. Since There Was No Compliance To The Notice Issued By The Ao, He Reopened The Assessment Invoking The Provisions Of Section 147 Of The Act After Obtaining Necessary Approval U/S 151 From The Appropriate Authority & Statutory Notice U/S 148 Dated 24Th March, 2017 Was Issued To The Assessee On His Last Known Address. There Was No Compliance From The Side Of The Assessee Despite Number Of Opportunities Granted. Only On 26Th May, 2017 The Assessee Appeared & Sought Adjournment Which Was Duly Granted By The Ao. Since There Was Non-Appearance From The Side Of The Assessee Thereafter, The Ao Made Addition Of Rs.17,57,500/- To The Total Income Of The Assessee U/S 69 In The Ex Parte Order Passed By Him. Before The Cit(A), The Assessee Filed An Application Under Rule 46A For Admission Of Certain Additional Evidence. However, The Ld.Cit(A) Rejected The Additional Evidences Filed Before Him & Dismissed The Appeal Filed By The Assessee.

For Appellant: Shri Rohit Tiwari, AdvocateFor Respondent: Shri Farath Khan, Sr. DR
Section 144Section 147Section 148Section 151Section 46ASection 69

erred in law on facts and surrounding circumstances in out rightly rejecting the application U/s 46A of the Income Tax Act, 1961 without any speaking order in an arbitrary and fanciful manner leading to closure of the doors of justice to the appellant.” 2 4. I have considered the rival