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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

Deepmala Vyapaar Pvt. Ltd., Kolkata vs. I.T.O., Ward - 6(1), Kolkata

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

ITA 2019/KOL/2025[2012-2013]Status: DisposedITAT Kolkata12 Nov 2025AY 2012-2013

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2012-13 Deepmala Vyapaar Pvt. Ltd……………………………………….…….……Appellant 6Th Floor, 40/3, Strand Road, Kol- 1. [Pan: Aabcd9197P] Vs. Ito, Ward-6(1), Kolkata..………………………..………...……...…..…..Respondent Appearances By: Shri Miraj D Shah, A.R, Appeared On Behalf Of The Appellant. Shri Raja Sengupta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 04, 2025 Date Of Pronouncing The Order : November 12, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 04.07.25 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2012–13. Brief Facts Of The Case Are That In This Case, The Return Of Income 2. For The Year Under Consideration Was Filed Declaring A Total Income Of Rs.42,222/-. Subsequently, The Case Was Selected For Scrutiny Through Cass For The Reason That The Assessee Company Issued Its Shares To Different Private Companies Against High Premium. Accordingly, Notices U/S 143(2) & 142(1) Of The Act Were Issued & The Assessee Company Appeared & Submitted Various Details. The Assessing Officer Completed The Assessment By Adding Rs.6,90,45,000/- U/S 68 Of The Act. Deepmala Vyapaar Pvt. Ltd 3. Aggrieved By The Said Order, The Assessee Preferred An Appeal Before The Ld. Cit(A) Wherein The Appeal Has Been Dismissed By Passing An Ex Parte Order As There Was No Compliance On Behalf Of The Assessee.

Section 143(2)Section 250Section 68

after affording opportunity to the assessee of hearing and considering the documentary evidences or explanations submitted by the assessee and thereafter, to pass a speaking order in accordance with law. The assessee is directed to positively cooperate in the remand proceedings by submitting necessary explanations and evidences to substantiate