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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

Papi Reddy Ankannagari, Hyderabad vs. DCIT., Central Circle-3(3), Hyderabad

In the result, the appeal of the assessee in ITA

ITA 1314/HYD/2024[2020-21]Status: DisposedITAT Hyderabad26 Sept 2025AY 2020-21

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1313 & 1314/Hyd/2024 (निर्धारण वर्ा/Assessment Year:2020-21) Shri Papi Reddy Ankannagari, Dy. Commissioner Of Income Vs. Hyderabad. Tax, Pan: Adopa4689A Central Circle 3(3), Hyderabad. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S. Rama Rao, Advocate रधजस् व द्वधरध/Revenue By: Shri Gurpreet Singh, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 04/09/2025 घोर्णध की तधरीख/Pronouncement: 26/09/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: These Appeals Are Filed By Shri Papi Reddy Ankannagari (“The Assessee”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Hyderabad-11 (“Ld. Cit(A)”), Both Dated 29.11.2024 Respectively For The A.Y. 2020-21. Since These Appeals Are Related To The Same Assessee & For The Same A.Y. 2020-21, They Are Heard Together & One Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity.

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: Shri Gurpreet Singh, SR-DR
Section 132ASection 139Section 144Section 147Section 148Section 68

directed to afford adequate opportunity to the assessee to file submissions and explanations in support of his case, and thereafter pass a speaking order in accordance with law. The assessee is also ITA Nos.1313 & 1314/Hyd/2024 8 directed to extend full cooperation to the revenue authorities and not to seek unnecessary

Kotagiri Cooperative Store, Nilgiris vs. ITO, Ward-1, Ooty

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

ITA 1951/CHNY/2025[2018-19]Status: DisposedITAT Chennai26 Sept 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Ratnesh Nandan Sahayआयकर अपील सं./I.T.A. No.1951/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Kotagiri Cooperative Store, Vs. The Income Tax Officer, 1, Kotagiri Post , Kotagiri, Ward 1, The Nilgiris 643 217. Ooty. [Pan:Aaaak3367P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. N.V. Lakshmi, Advocate ""थ" की ओर से/Respondent By : Ms. Sandhya Rani Kure, Jcit सुनवाई की तारीख/ Date Of Hearing : 17.09.2025 घोषणा की तारीख /Date Of Pronouncement : 26.09.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 12.06.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2018-19. 2. On Perusal Of The Assessment Order, We Note That The Assessing Officer Disallowed The Claim Of Deduction Under Section 80P(2)(A)(Iii) Of The Income Tax Act, 1961 [“Act” In Short] As Not Allowable As Per The 2

For Appellant: Ms. N.V. Lakshmi, AdvocateFor Respondent: Ms. Sandhya Rani Kure, JCIT
Section 143(3)Section 80P(2)(a)

business expenses” for which, the return filed by the assessee was selected for “Limited Scrutiny”, in fact, the Assessing Officer has not passed speaking order. On perusal of the impugned order, we note that the ld. CIT(A) has not given any findings for non-service of SCN, draft assessment ... orders of authorities below and remand the matter to the file of the Assessing Officer for fresh adjudication with a direction to pass speaking order keeping in mind for the purpose for which the case of the assessee has been selected for “Limited Scrutiny” after affording reasonable opportunities of being

Tamilnadu Transport Development Finance Corpn. Ltd., Chennai vs. PCIT, Chennai-3, Chennai

In the result, the appeal of the assessee is dismissed

ITA 1041/CHNY/2025[2020-21]Status: DisposedITAT Chennai25 Sept 2025AY 2020-21

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.1041/Chny/2025 Assessment Years: 2020-21 Tamil Nadu Transport Development Principal Commissioner Of Income Finance Corporation Limited, Tax, Tamil Nadu Tourism Complex, Chennai-3, 4Th Floor, No.2, Wallajah Road, Chennai. Anna Road, Chennai-600 002. [Pan: Aaact0747L] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Mr.N.Arjun Raj, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.R.Anitha, Addl-Cit सुनवाई की तारीख/Date Of Hearing : 08.09.2025 घोषणा की तारीख /Date Of Pronouncement : 25.09.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Mr.N.Arjun Raj, AdvocateFor Respondent: Ms.R.Anitha, Addl-CIT
Section 143(3)Section 263Section 30Section 37Section 37(1)

order and to consider their admissibility in accordance with law, after giving due opportunity of being heard and by passing a speaking order. 8.0 In the result, the appeal of the assessee is dismissed. Order pronounced on 25th , Sept-2025 at Chennai. (मनु कुमार धिरर) (अधमताभ शुक्ला) (MANU KUMAR GIRI

Lintas Employees Health Assistance Trust, Mumbai vs. Income Tax Officer Ward 25(2)(1), Mumbai

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

ITA 4364/MUM/2025[2019-20]Status: DisposedITAT Mumbai25 Sept 2025AY 2019-20

Bench: Shri Saktijit Dey, Hon'Ble & Shri Girish Agrawalassessment Year: 2019-20 Lintas Employees Health Income-Tax Officer, Assistance Trust Ward – 25(2)(1), 13Th Floor, Express Towers Mumbai Nariman Point, Vs. Mumbai – 400021 (Pan: Aaatl0325M) (Appellant) (Respondent) Present For: Assessee : Shri Prakash Jotwani & Ms Priya Gada, Advocates Revenue : Shri Surendra Mohan, Sr. Dr Date Of Hearing : 14.08.2025 Date Of Pronouncement : 25.09.2025 O R D E R Per Girish Agrawal: This Appeal Filed By Assessee Is Against The Order Of Addl/Jcit (A)-1, Hyderabad Vide Order No. Itba/Apl/S/250/2024- 25/1074797264(1), Dated 21.03.2025 Passed Against The Intimation Issued By The Central Processing Centre Of The Department, Bengaluru (Cpc) U/S. 143(1) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 12.05.2020 For Assessment Year 2019-20. 2. Grounds Taken By The Assessee Are Reproduced As Under: Ground No. 1: Erred In Not Condoning Delay In Filing The Appeal The Ld. Cit(A) Erred In Dismissing The Appeal Without Considering The Merits Of The Case & Erred In Not Condoning The Delay Of 964 Days In Filing The Appeal

For Appellant: Shri Prakash Jotwani and Ms Priya Gada, AdvocatesFor Respondent: Shri Surendra Mohan, Sr. DR
Section 10(15)Section 10(35)Section 143(1)

file of ld. CIT(A) for meritorious adjudication of the grounds raised by the assessee at the first appellate stage by passing a speaking order. 5.4. Needless to say, assessee be given reasonable opportunity of being heard and to make all the relevant submissions as required to substantiate the claim

Hapag Lloyd India Private Limited, Mumbai vs. Principal Commissioner of Income-Tax, Mumbai - 5, Aayakar Bhavan, Mumbai

In the result, the appeal is allowed

ITA 3805/MUM/2025[2020-21]Status: DisposedITAT Mumbai25 Sept 2025AY 2020-21

Bench: Shri Saktijit Dey & Shri Arun Khodpiahapag Lloyd India Private Limited Pr. Cit Room No. 515, 5Th Floor, 501, Satellite Gazebo, B-Wing, 5Th Floor, Guru Hargovindaji Marg, Aayakar Bhawan, M.K. Road, Vs. Andheri (E), Chakala Mide S.O., Mumbai-400 020 Mumbai-400 093 Pan/Gir No. Aabch 7319 B (Appellant) : (Respondent) : Shri Paras Savla, Adv. A/W Appellant By Shri Pratik Poddar, Adv. & Shri Shreyas Sardesai Respondent By : Shri Ritesh Misra, Cit Dr Date Of Hearing : 23.09.2025 Date Of Pronouncement : 25.09.2025 O R D E R Per Saktijit Dey: The Captioned Appeal Has Been Filed By The Assessee, Assailing The Order Dated 11.03.2025 Passed By Learned Principal Commissioner Of Income Tax (‘Ld. Pcit’ For Short), Mumbai U/S. 263 Of The Income Tax Act, 1961 (‘The Act’ For Short), Pertaining To The Assessment Year (A.Y.) 2020-21. 2. The Grounds Raised By The Assessee Are As Under: Validity Of Revision Proceedings Under Section 263 Of The Act 1. On Facts & Circumstances Of The Case & In Law, The Leamed Pcit Erred In Passing An Order Under Section 263 Of The Act Without Appreciating That The Assessment Order Dated 5 September 2022 Passed By The Learned Assessing Officer ('Ao') Under Section 143(3) Read With Section 144B Of The Act Was Neither Erroneous Nor Prejudicial To The Interest Of The Revenue & Thus, The Order Under Section 263 Of The Act Is Without Jurisdiction & Bad-In-Law.

For Respondent: Shri Ritesh Misra, CIT DR
Section 143(3)Section 144BSection 263Section 37(1)Section 41(1)Section 80G

interest of the Revenue. Accordingly, he set aside the assessment order with a direction to the A.O. to modify it through a speaking order in terms with the observations made in the revision order and also initiate penalty proceedings as per the provisions of the Act. 5. We have considered

Bbg Metal Syndicate Pvt. Ltd, Cuttack vs. DCIT Circle-1, Cuttack

In the result, we are of the view that no inference called for in the order of the CIT(A) and consequently we dismissed the same

ITA 361/CTK/2025[2020-21]Status: DisposedITAT Cuttack24 Sept 2025AY 2020-21

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.361/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2020-2021) Bbg Metal Syndicate Pvt. Ltd. Vs Dcit, Circle-1(1),Cuttack Badambadi, Behind Traffic Tower, Cuttack, 753009 Pan No. : Aaecb 4011 H (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri K. K Bal, Ar राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 24/09/2025 घोषणा की तारीख/Date Of Pronouncement : 24/09/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of Ld.Cit(A), National Faceless Appeal Centre(Nfac), Delhi Dated 28.03.2025 For The Assessment Year 2015-2016. 2. It Was Submitted By The Ld. Ar That The Returned Filed By The Assessee Came To Be Processed & Intimation Came To Be Issued U/S. 143(1) Of The Act. The Assessee Had Filed Rectification Application & The Cpc Had Rejected The Rejection Application. It Was Submission That It Was Not A Effective Rejection But Was In Fact Reprocessing Of The Intimation U/S. 143(1) Of The Act. It Was Submission That On Appeal The Ld.Cit(A) Had Observed The Page 3 Of His Order That The Issue Were Purely Factual & Required Verification Of The Claim At The End Of The Ao & At Consequently, Directed The Ao To Verify The Claim Made By The Appellant & Passed A Speaking Order U/S. 154 Of The Act Giving An Opportunity Of Being Heard

For Appellant: Shri K. K Bal, ARFor Respondent: Shri Vijay Singh, Sr. DR
Section 143(1)Section 154Section 154(3)

claim at the end of the AO and at consequently, directed the AO to verify the claim made by the Appellant and passed a speaking order u/s. 154 of the Act giving an opportunity of being heard 2 u/s. 154(3) of the Act to the appellant. It was submission