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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

Deeksha Gupta, Noida vs. Addl/JCIT (A), Noida

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

ITA 7100/DEL/2025[2017-18]Status: DisposedITAT Delhi24 Dec 2025AY 2017-18

Bench: Shri Vikas Awasthyआअसं.7100/धिल्ली/2025 (नि.व. 2017-18) Deeksha Gupta, A-701, Stellar Green Apartment, Sector-44, Noida, Uttar Pradesh 201301 ...... अपीलार्थी/Appellant Pan: Aippg-9327-B बिाम Vs. Addition/Joint Commissioner Of Income Tax (Appeals), ..... प्रनिवादी/Respondent Noida Sector 24, Uttar Pradesh 201301 अपीलार्थी द्वारा/Appellant By : S/Shri Saket Sharma, Chartered Accountant & Lalit Mohan Pant, Advocate 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 Of Additional/Joint Commissioner Of Income Tax (Appeals)-11, Delhi [In Short ‘The Cit(A)’] Dated 11.06.2024, For Assessment Year 2017-18. 2. Shri Saket Sharma, Appearing On Behalf Of The Assessee Submitted That In Assessment Proceedings U/S.144 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) The Assessing Officer Disallowed Rs.5,35,556/- In Respect Of Loss Claimed By The Assessee On House Property & Further Made Addition Of Rs.1,50,997/- On Account Of Mismatch In Form No. 26As & The Income Returned

For Appellant: S/Shri Saket Sharma, Chartered Accountant &For Respondent: Shri Manoj Kumar, Sr. DR
Section 144

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. In view of the above legal position, the impugned order passed

Khazana Stores Pvt. Ltd., Ahmedabad vs. The ITO, Ward-2(1)(1), Ahmedabad

ITA 1506/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad23 Dec 2025AY 2017-18

Bench: Shri Sanjay Garg & Shri Makarand Vasant Mahadeokarआयकर अपील सं/Ita No. 1506/Ahd/2025 निर्धारण वर्ष / Assessment Year : 2017-18 Khazana Stores Pvt. Ltd. The Ito Gf 2 Commerce House 2 बनाम/ Ward 2(1)(1) Judges Bunglow Road, V/S. Ahmedabad 380 015 Bodakdev, Ahmedabad 380 054 स्थायी लेखा सं./Pan: Aaack 7880 R (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) Assessee By: Shri S.N. Divatia & Shri Samir Vora, Ars Revenue By : Shri Kalpesh Rupavatia, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 30/09/2025 घोषणा की तारीख / Date Of Pronouncement: 23/12/2025 आदेश/Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As 'Cit(A)'] Dated 07/07/2025 For Assessment Year (Ay) 2017-18. 2. The Assessee, In This Appeal Has Taken The Following Grounds Of Appeal:

For Appellant: Shri S.N. Divatia &For Respondent: Shri Kalpesh Rupavatia, Sr. DR
Section 143(1)Section 147Section 148Section 250Section 69A

facts in not considering fully and properly the submissions made and documents/evidences produced before both the authorities but thereby passing a non-speaking order in a cryptic manner, just referring to the assessment order only. Thus, there was total non-application of mind on part of CIT(A) in disposing

Deputy Commissioner of Income Tax, Central Circle-1(2), Kolkata vs. Siddheshwari Vyapaar Private Limited, Kolkata

In the result, appeal of the revenue is dismissed

ITA 2280/KOL/2025[2012-13]Status: DisposedITAT Kolkata23 Dec 2025AY 2012-13

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.2280/Kol/2025 (निर्धारणवर्ा/Assessment Years :2012-2013) Dcit, Central Circle-1(2), Vs Siddheshwarivyapaar Pvt Ltd Kolkata 2Nd Floor, 159, Ravindra Sarani Kolkata-700007 Pan No. :Aancs 2337 J (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) रधजस्वकीओरसे /Revenue By : Shri Sanat Kumar Raha, Cit-Dr निर्धाररतीकीओरसे /Assessee By : Shrisoumitra Choudhury & Rainak Jain, Advocates सुनवाई की तारीख / Date Of Hearing : 09/12/2025 घोषणा की तारीख/Date Of Pronouncement : 23.12.2025 आदेश / O R D E R Per Rajesh Kumar, Am: This Is An Appeal Filed By The Revenueagainst The Order Passed By The Ld. Cit(A), Kolkata-20, Dated 06.05.2025For The Assessment Year2012-2013. 2. The Appeal Of The Revenue Is Barred By 69 Days. Considering The Submissions Of The Ld. Cit-Dr & Looking To The Facts Of The Case, We Condone The Delay Of 69 Days In Filing The Present Appeal By The Revenue & The Appeal Is Admitted For Hearing. 3. The Only Issue Raised In This Appeal Is Against The Order Of The Ld. Cit(A) In Deleting The Addition Of Rs.6,82,00,000/- Made U/S.68 Of The Act On Account Of Unexplained Cash Credits Received From Shell Entities In The Guise Of Share Capital.

For Appellant: ShriSoumitra Choudhury and Rainak Jain, AdvocatesFor Respondent: Shri Sanat Kumar Raha, CIT-DR
Section 131Section 133(6)Section 143(2)Section 143(3)Section 148Section 68

subscribers. Therefore, we do not find any infirmity in the order of the ld. CIT(A), who has passed a very lengthy , reasoned and speaking order in this regard. Accordingly, we uphold the same. 9. So far as the issue of receipt of share capital and share premium is concerned

Deputy Commissioner of Income Tax, Central Circle-4(3), Kolkata vs. Gaurang Alloys and Iron Limited, Kolkata

In the result, the appeal of the revenue is dismissed

ITA 1257/KOL/2025[2020-21]Status: DisposedITAT Kolkata23 Dec 2025AY 2020-21

Bench: Shri Rajesh Kumar, Accountantmember & Shri Pradip Kumar Choubey, Judicialmember Assessment Year: 2020-21 Dcit, Central Circle-4(3), Kolkata…....………..............................……….……Appellant Vs. Gaurang Alloys & Iron Ltd...………….……………………...……...…..…..Respondent 402A, Mangalam, 24/26, Hemanta Basu Sarani, Kol-1.. [Pan: Aaccg1485A] Appearances By: Dr. Anup Biswas, Cit-Dr,Appeared On Behalf Of The Appellant. Shri S. Jhajharia, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 30, 2025 Date Of Pronouncing The Order :December 23, 2025 Order Per Rajesh Kumar: This Is An Appeal Preferred By The Revenue Against The Order Of The Cit(Appeals)-27, Kolkata (Hereinafter Referred To As The “Ld. Cit(A)”] Dated 25.02.2025Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’)For The Ay 2020-21. 2. The Only Issue Raised By The Revenue In This Appeal Is Against The Order Of Ld. Cit(A) Treating The Undisclosed Cash Sales/Receipts Of Rs.7,54,07,283/- As Business Transaction & Directing The Ao To Apply G.P Rate @ 6.5% To Determine The Profit From The Undisclosed Sales/Receipts.

Section 132(1)Section 139(1)Section 143(1)Section 153ASection 250Section 68

element embedded in the said sales. We have perused the appellate order and find that ld. CIT(A) has passed a very reasoned and speaking order by taking a reasonable view in the matter. Certainly the undisclosed sales have to be brought to tax by applying G.P. rate