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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

Colombia Cooperative Housing Society Limited, Bandra vs. Assessment Unit, NFAC

ITA 4222/MUM/2025[2015-16]Status: DisposedITAT Mumbai22 Dec 2025AY 2015-16

Bench: Shri Sandeep Gosain & Shri Girish Agrawalcolombia Co-Operative Housing Vs Ito, Ward 23(1)(1), Mumbai Society Limited 5Th Floor, Piramal Chamber, C-486/B, Plot B, St. Domnie Road, Churchgate, Mumbai Bandra (West), Mumbai 400050 400012 Pan: (Aaaac2663A) Appellant Respondent Present For: Appellant By : Shri Pradip Kapasi, Ca Respondent By : Shri Virabhadra Mahajan, Sr. Dr (Virtually Present) Date Of Hearing : 23.09.2025 Date Of Pronouncement : 22.12.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/ 250/2025-26/1076003708(1) Dated 02.05.2025 Passed Against The Assessment Order U/S. 147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 18.03.2024 For Ay 2015-16. 2. Grounds Taken By The Assessee Are Reproduced As Under: “Ground No. 1: Reopening & Reassessment A. The Ld. Cit(A) Erred In Law & On Facts In Confirming The Action Of The Ld.Ao Of Reopening & Reassessment. Your Appellant Prays That The Reopening & 2

For Appellant: Shri Pradip Kapasi, CAFor Respondent: Shri Virabhadra Mahajan, Sr. DR
Section 147Section 149(1)Section 45

levied without affording an opportunity to the appellant for challenging the levy and ignoring the fact that the interest was levied without passing a speaking order. 4 ITA No.4222/MUM/2025 AY: 2015-16 Colombia Co-operative Housing Society B. Your appellant prays that the interest so levied by the Ld.AO ... levy of interest u/ss. 234A-234D in reassessment despite computational errors, absence of opportunity to contest the levy, and failure to pass a speaking order.” 3. Brief facts of the case are that assessee is a Co-operative Housing Society registered under the Maharashtra Co-operative Societies Act, 1960 under

Sidhampoondi Pa Cultural Coop Bank Ltd. S 1392, Namakkal vs. ITO, Ward-2, Namakkal

ITA 3070/CHNY/2025[2019-20]Status: DisposedITAT Chennai19 Dec 2025AY 2019-20

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunathaआयकर अपील सं./Ita No.3070/Chny/2025 निर्धारण वर्ष/Assessment Year: 2019-20 Sidhampoondi Pa Cultural Co-Op Bank Ltd S 1392, 2/173, Main Road, Kondarasampalayam Post P. Velur Tk, Namakkal-637203 Tamil Nadu [Pan: Aabas 0168 F] (अपीलार्थी/Appellant) V. Ito, Ward-02, Namakkal, Tamil Nadu-6370001 (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : None प्रत्यर्थी की ओर से / Respondent By : Mr. Arv Srinivasan, Cit सुनवाईकीतारीख/Date Of Hearing : 18.12.2025 घोषणाकीतारीख /Date Of Pronouncement : 19.12.2025 आदेश / Order Per Manu Kumar Giri, Jm: The Captioned Appeal By The Assessee Is Arising Out Of The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 12.08.2025 For Ay 2019-20. 2. At The Outset, We Notice That The Assessee By The Ground No.2 Challenges The Jao Jurisdiction To Issue Notice U/S148 Dated 30.03.2023 Of The Act.

For Appellant: NoneFor Respondent: Mr. ARV Srinivasan, CIT
Section 144BSection 147Section 148

therefore be applied to the former and not to the latter. (iv) An order refusing special leave to appeal may be a non-speaking order or a speaking one. In either case it does not attract the doctrine of merger. An order refusing special leave to appeal does not stand ... inclined to exercise its discretion so as to allow the appeal being filed. (v) If the order refusing leave to appeal is a speaking order, i.e., gives reasons for refusing the grant of leave, then the order has two implications. Firstly, the statement of law contained in the order