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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

Shri Bhama Punja Bharai, Junagadh vs. The ACIT Central Circle 2, Rajkot

The appeal of the assessee is treated as allowed

ITA 590/RJT/2025[2021-22]Status: DisposedITAT Rajkot24 Oct 2025AY 2021-22

Bench: Dr. Arjun Lal Saini(Hybrid Hearing) Assessment Year: (2021-22) Bhama Punja Bharai Vs. Acit Circle-2, Rajkot Near Kuvav Talav, Grofed Road, Azad Aaykar Bhawan, Race Chowk S.O. Junagadh- 362710 Course Road, Rajkot-360001 Pan : Dvxpb 2168 H (Appellant) (Respondent) िनधा"रती क" ओर से/Assessee By : None राज"व क" ओर से/Revenue By : Adjournment Application सुनवाई क" तारीख /Date Of Hearing : 22/10/2025 घोषणा क" तारीख /Date Of Pronouncement : 24/10/2025 आदेश / O R D E R Per,Dr. A. L. Saini, Am: The Present Appeal Has Been Filed By The Assessee, Against The Order Passed By The Learned Commissioner Of Income Tax (Appeal), Ahmedabad/ National Faceless Appeal, Centre (Nfac), Delhi Dated [Hereinafter Referred To As “Cit(A)”] 24.01.2025 Arising In The Matter Of Assessment Order Passed U/S.144 R.W.S 143(3) Of The Income Tax Act, 1961 (Here-In-After Referred To As “The Act”) Relevant To The Assessment Year 2021-22. 2.When The Matter Was Called For Hearing, I Note That The Assessee, Submitted By Way Of Affidavit That The Appeal Has Been Filed By The Assessee Belatedly. I Have Gone Through The Affidavit Filed In This Regard Citing Reasons For Condonation Of Delay & I Note That Assessee Urged For A Benign View & Sought Condonation Of Delay Of 182 Days In Filing The Appeal Before The Tribunal. A Perusal Of The

For Appellant: NoneFor Respondent: Adjournment Application
Section 144

carried out u/s 144 of the Act and the impugned order passed by the ld. CIT(A), is an ex parte order and non-speaking order, therefore, I do not wish to make any comments on the merits of the grounds raised by the assessee. 4. Considering the above facts ... case, in the interest of justice, I restore the matter back to the file of assessing officer for de novo adjudication and pass a speaking order after affording sufficient opportunity of being heard to the assessee, who in ITA 590 RJT 2025 Bhama Punja Bharai turn, is also directed

Muthukumar Shanmugavadivel, Coimbatore vs. ITO, Ncw-3(1), Coimbatore

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2205/CHNY/2025[2015-16]Status: DisposedITAT Chennai22 Oct 2025AY 2015-16

Bench: Shri George George K & Shri Jagadishआयकर अपील सं./Ita No.: 2205/Chny/2025 िनधा"रण वष"/Assessment Year: 2015-16 Shri Muthukumar The Income Tax Officer, Shanmugavadivel, Vs. Non-Corporate Ward 3(1), 38, Chidambaram Colony, Coimbatore Telungupalayam S.O., Coimbatore South, Coimbatore – 641 039. Pan: Eoeps 7752M (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. S. Mathangi, Advocate ""यथ" क" ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाई क" तारीख/Date Of Hearing : 22.10.2025 घोषणा क" तारीख/Date Of Pronouncement : 22.10.2025

For Appellant: Ms. S. Mathangi, AdvocateFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 250

deprecate the nonchalant attitude of the assessee. However, it is also noticed that the FAA has dismissed the appeal in-limine through a non-speaking order without adjudicating the specific grounds raised by the assessee. Therefore, we set aside the order of FAA and remit the matter back ... file for fresh adjudication by a speaking order after allowing reasonable opportunity of being heard to the assessee. The assessee is directed to co-operate with the Revenue and shall not seek unnecessary adjournment. It is ordered accordingly. 6. In the result, the appeal filed by the assessee is allowed