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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

Amandeep Singh S/O Sh Kirpal Singh, Haryana vs. Sanjeev Kumar Sharma ITO Ward-1, Karnal

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 7147/DEL/2025[2017-18]Status: DisposedITAT Delhi29 Dec 2025AY 2017-18

Bench: Shri Vikas Awasthyआअसं.7147/धिल्ली/2025 (नि.व. 2017-18) Amandeep Singh, Jatton Gate, Jattan Mohlla, Karnal, Haryana 132001 ...... अपीलार्थी/Appellant Pan: Eceps-7045-M बिाम Vs. Income Tax Officer, Ward-1, ..... प्रनिवादी/Respondent Karnal, Haryana 132001 अपीलार्थी द्वारा/Appellant By : Shri Sumaksh Mahajan, Chartered Accountant प्रधििािीद्वारा/Respondent By : Shri Manoj Kumar, Sr. Dr सुिवाई की निथर्थ/ Date Of Hearing : 16/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 16/12/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 07.10.2024, For The Assessment Year 2017-18. 2. The Appeal Is Time Barred By 311 Days. The Assessee Has Filed An Application Supported By An Affidavit Citing Reasons Causing Delay In Filing Of Appeal. After Perusal Of The Same, I Am Satisfied That Delay In Filing Of Appeal Is Not Intentional, The Delay Has Been Caused For The Reasons Stated In Petition Which Appears To Be Bonafide. Thus, Delay Of 311 Days In Filing Of Appeal Is Condoned & Appeal Is Admitted For Decision On Merits.

For Appellant: Shri Sumaksh Mahajan, Chartered AccountantFor Respondent: Shri Manoj Kumar, Sr. DR
Section 250(6)

power to dismiss appeal for non-prosecution. The First Appellate Authority is statutorily required to adjudicate the appeal on merits by passing a speaking order dealing with each ground of appeal raised by the assessee. The obligation on CIT(A) to dispose of appeal on merits flow from the provisions

Shagun Goel, Delhi vs. CIT(A), Delhi

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

ITA 7142/DEL/2025[2018-19]Status: DisposedITAT Delhi29 Dec 2025AY 2018-19

Bench: Shri Vikas Awasthyआअसं.7142/धिल्ली/2025 (नि.व. 2018-19) Shagun Goel, Flat No. 373, Sangam Apartments, West Enclave, Pitampura, Delhi 110034 ...... अपीलार्थी/Appellant Pan: Aeupg-7813-B बिाम Vs. Commissioner Of Income Tax (Appeals), R. No. 380A Cr Building, Ip Estate, New Delhi 110002 ..... प्रनिवादी/Respondent अपीलार्थी द्वारा/Appellant By : None प्रधििािीद्वारा/Respondent By : Shri Manoj Kumar, Sr. Dr सुिवाई की निथर्थ/ Date Of Hearing : 15/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 15/12/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against An Ex-Parte Order By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 15.10.2025, For Assessment Year 2018-19. 2. A Perusal Of The Assessment Order Shows That The Assessment In The Case Of Assessee For Ay 2018-19 Was Reopened On The Basis Of Information Received, That The Assessee Has Made Bogus Purchases To The Tune Of Rs.81,95,949/- From The Alleged Shell Entity M/S. Balaji Trading Company. The Assessee Is Engaged In Trading Of Ferrous & Non-Ferrous Metals. During The Course Of Assessment Proceedings

For Appellant: NoneFor Respondent: Shri Manoj Kumar, Sr. DR
Section 147Section 250(6)Section 69C

being the First Appellate Authority, is statutorily 3 required under section 250(6) of the Act to dispose of the appeal by passing a speaking order on merits. The CIT(A) does not have the power to dismiss the appeal for non‑prosecution without adjudicating the issues arising from

Khambhla Gram Vikas Samiti Trust, Kutch vs. CIT(Exemption), Ahmedabad

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

ITA 391/RJT/2025[NA]Status: DisposedITAT Rajkot26 Dec 2025

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 391/Rjt/2025 ("नधा"रण वष" / Assessment Year: (Na) Khambhla Gram Vikas Samiti Vs. Cit(Exemption), Room No.609, 6Th Floor, Aayakar Trust Post Kotda J Taluka Nakhatrana, Bhavan, Nr. Sachin Tower, 100Ft S. O. Nakhatrana, Road, Anandnagar-Prahladnagar Kutch (Guj) - 370615 Road, Ahmedabad-380015 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadtk9095Q (Appellant) (Respondent) Appellant By : Shri Kalpesh Doshi, Ld. Ar Respondent By : Shri Sanjay Punglia, Ld. Cit(Dr) : 30/09/2025 Date Of Hearing Date Of Pronouncement : 26/12/2025 आदेश / O R D E R Per, Dinesh Mohan Sinha, Jm: This Appeal Is Filed By The Assessee As Against The Rejection Order Dated 25.03.2023 Passed By The Commissioner Of Income Tax (Exemption), Ahmedabad Denying Registration Under Section 12Ab Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) In Form 10Ab Under Rule 17A Of The I.T. Rules, 1962. (Ita 2. Grounds Of Appeal Raised By The Assessee, Are As Follows: “1. That, The Learned Cit(Exemption) Has Failed To Grant Proper Opportunity Of Being Heard & Has Wrongly Rejected The Application Filed In Form No. 10Ab For Granting Registration U/S 12A Of The I.T. Act, 1961. Khambla Gram Vikas Samiti Trust

For Appellant: Shri Kalpesh Doshi, Ld. ARFor Respondent: Shri Sanjay Punglia, Ld. CIT(DR)
Section 12A

case, in the interest of justice, we restore the matter back to the file of assessing officer for de novo adjudication and pass a speaking order after affording sufficient opportunity of being heard to the assessee, who in turn, is also directed to contest his stand forthwith. Therefore, we deem