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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

Sahyadri Farmers Producer Company Limited, Nashik vs. PCIT, -1, Nashik

In the result, the appeal filed by the assessee is dismissed

ITA 1378/PUN/2025[2020-21]Status: DisposedITAT Pune14 Nov 2025AY 2020-21

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1378/Pun/2025 िनधा"रण वष" / Assessment Year : 2020-21 Sahyadri Farmers Producer Vs. Pcit-1, Nashik. Company Limited, Survey No.1102/8, Behind Police Head Quarter, Adgaon, Nashik- 422003. Pan : Aapcs1516D Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Amit Bobde Date Of Hearing : 21.08.2025 Date Of Pronouncement : 14.11.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.03.2025 Passed U/S 263 Of The Act By Ld. Pcit, Nashik-1 [‘Ld. Pcit’] For The Assessment Year 2020-21. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Pcit-1, Nashik Erred In Law & On Facts In Assuming Jurisdiction U/S 263 Of The Ita, 1961 On The Analogy That The Order Passed U/S 143(3) Of The Ita, 1961 Dated 19/09/2022 Was Erroneous & Prejudicial To The Interest Of The Revenue. Grounds Relating To Government Grants:

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Amit Bobde
Section 143(3)Section 2(24)(xviii)Section 263Section 43(1)

assessee and copy of case laws. In this regard, we find that the order passed by the Assessing Officer is not a speaking order. It is apparent that the desired enquiry and verification as pointed out in the order u/s 263 passed by Ld. PCIT, Nashik-1, was not carried

Srinivasa Rao Palabhatla, Hyderabad vs. ITO., Ward-7(1), Hyderabad

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

ITA 293/HYD/2025[2017-18]Status: HeardITAT Hyderabad14 Nov 2025AY 2017-18

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.293/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2017-18) Shri Srinivasa Rao Vs. Income Tax Officer Palabhatla, Hyderabad Ward – 7 (1) Pan:Aiupp8507H Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate S. Sandhya राज" व "ारा/Revenue By:: Shri R. Kumaran, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 11/11/2025 घोषणा की तारीख/Pronouncement: 14/11/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Srinivasa Rao Palabhatla, (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, (Nfac), Delhi (“Ld. Cit(A)”) Dated 04.05.2023 For The A.Y 2017-18. 2. At The Outset, It Is Seen That There Is A Delay Of 571 Days In Filing The Appeal Before This Tribunal. The Assessee Has Filed A Condonation Petition & Affidavit Along With Copies Of Page 1 Of 6

For Appellant: Advocate S. SandhyaFor Respondent: : Shri R. Kumaran, Sr. DR

Palabhatla explanations, documents and evidence that the assessee may file in support of the source of cash deposits and pass a reasoned and speaking order in accordance with law. The assessee shall be at liberty to file any additional evidence and submissions before the Ld. AO. The assessee is also