← All Phrases

“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

Prabu Karuppaiah, Pudukkottai vs. ITO, Ward-1, Pudukkottai

In the result, the appeals filed by the assessee are allowed

ITA 2494/CHNY/2025[2018-19]Status: DisposedITAT Chennai18 Nov 2025AY 2018-19

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 2492, 2493 & 2494/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Shri Prabu Karuppaiah, The Income Tax Officer, 8/115, Avudaiyarkoil Poovalur Vs. Ward 1, Bo, Pudukkottai Avadaiyar Kovil, Pudukkottai – 614 618. Pan: Clepp 3346R (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Y. Sridhar, Fca ""यथ" क" ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाई क" तारीख/Date Of Hearing : 18.11.2025 घोषणा क" तारीख/Date Of Pronouncement : 18.11.2025

For Appellant: Shri Y. Sridhar, FCAFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 144BSection 147Section 148Section 148ASection 250

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 ITA Nos.2492 to 2494/Chny/2025 :- 7 -: the doctrine of merger. An order refusing special leave ... 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

Prabu Karuppaiah, Pudukkottai vs. ITO, Ward-1, Pudukkottai

In the result, the appeals filed by the assessee are allowed

ITA 2493/CHNY/2025[2018-19]Status: DisposedITAT Chennai18 Nov 2025AY 2018-19

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 2492, 2493 & 2494/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Shri Prabu Karuppaiah, The Income Tax Officer, 8/115, Avudaiyarkoil Poovalur Vs. Ward 1, Bo, Pudukkottai Avadaiyar Kovil, Pudukkottai – 614 618. Pan: Clepp 3346R (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Y. Sridhar, Fca ""यथ" क" ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाई क" तारीख/Date Of Hearing : 18.11.2025 घोषणा क" तारीख/Date Of Pronouncement : 18.11.2025

For Appellant: Shri Y. Sridhar, FCAFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 144BSection 147Section 148Section 148ASection 250

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 ITA Nos.2492 to 2494/Chny/2025 :- 7 -: the doctrine of merger. An order refusing special leave ... 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

Prabhu Karuppaiah, Pudukkottai vs. ITO, Ward-1, Pudukkottai

In the result, the appeals filed by the assessee are allowed

ITA 2492/CHNY/2025[2018-19]Status: DisposedITAT Chennai18 Nov 2025AY 2018-19

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 2492, 2493 & 2494/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Shri Prabu Karuppaiah, The Income Tax Officer, 8/115, Avudaiyarkoil Poovalur Vs. Ward 1, Bo, Pudukkottai Avadaiyar Kovil, Pudukkottai – 614 618. Pan: Clepp 3346R (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Y. Sridhar, Fca ""यथ" क" ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाई क" तारीख/Date Of Hearing : 18.11.2025 घोषणा क" तारीख/Date Of Pronouncement : 18.11.2025

For Appellant: Shri Y. Sridhar, FCAFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 144BSection 147Section 148Section 148ASection 250

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 ITA Nos.2492 to 2494/Chny/2025 :- 7 -: the doctrine of merger. An order refusing special leave ... 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

Pritam Jaiswal, Dumka vs. Income Tax Officer, Ward - 3(1), Deoghar

In the result, both the captioned appeals are allowed for statistical purposes

ITA 485/RAN/2024[2018-2019]Status: DisposedITAT Ranchi17 Nov 2025AY 2018-2019

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. Nos.484 & 485/Ran/2024 Assessment Year: 2018-19 Pritam Jaiswal…..……………......................…...........................……….……Appellant G1, Lakrapahari Maharo, Jama, Dumka, Jharkhand – 813101. [Pan: Apgpj5477B] Vs. Ito, Ward-3(1), Ranchi………..…..….…..….........……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 10, 2025 Date Of Pronouncing The Order : November 17, 2025 Order Per Sonjoy Sarma: Both The Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By Nfac, Delhi For The Assessment Years 2018-19. Since The Issues Involved In Both The Appeals Are Common Therefore The Appeals Are Being Heard Together & Disposed Of By This Common Order For The Sake Of Convenience. First, We Proceed To Deal With Ita No.484/Ran/2024. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Declared His Return Of Income For The Assessment Year 2018-19 At Rs.4,32,890. The Assessing Officer Completed The Assessment In The Case Of The Assessee Disallowing The Claim Of Deduction U/S 57 At Rs.52,33,425/- & Accordingly Penalty Proceedings U/S 270A Of The Act Was Initiated.

Section 270ASection 57

Assessing Officer for fresh adjudication after giving reasonable opportunity of being heard to the assessee to present his case and to pass a speaking order after considering explanations or submissions submitted by the assessee. We also direct the assessee to strictly comply with the notices issued by the Assessing Officer

Pritam Jaiswal, Dumka vs. Income Tax Officer, Ward - 3(1), Deoghar

In the result, both the captioned appeals are allowed for statistical purposes

ITA 484/RAN/2024[2018-2019]Status: DisposedITAT Ranchi17 Nov 2025AY 2018-2019

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. Nos.484 & 485/Ran/2024 Assessment Year: 2018-19 Pritam Jaiswal…..……………......................…...........................……….……Appellant G1, Lakrapahari Maharo, Jama, Dumka, Jharkhand – 813101. [Pan: Apgpj5477B] Vs. Ito, Ward-3(1), Ranchi………..…..….…..….........……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 10, 2025 Date Of Pronouncing The Order : November 17, 2025 Order Per Sonjoy Sarma: Both The Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By Nfac, Delhi For The Assessment Years 2018-19. Since The Issues Involved In Both The Appeals Are Common Therefore The Appeals Are Being Heard Together & Disposed Of By This Common Order For The Sake Of Convenience. First, We Proceed To Deal With Ita No.484/Ran/2024. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Declared His Return Of Income For The Assessment Year 2018-19 At Rs.4,32,890. The Assessing Officer Completed The Assessment In The Case Of The Assessee Disallowing The Claim Of Deduction U/S 57 At Rs.52,33,425/- & Accordingly Penalty Proceedings U/S 270A Of The Act Was Initiated.

Section 270ASection 57

Assessing Officer for fresh adjudication after giving reasonable opportunity of being heard to the assessee to present his case and to pass a speaking order after considering explanations or submissions submitted by the assessee. We also direct the assessee to strictly comply with the notices issued by the Assessing Officer