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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

Rohtash Singla Jimmi, Punjab vs. ITO, Ward 1, Barnala

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

ITA 594/CHANDI/2025[2015-16]Status: DisposedITAT Chandigarh23 Feb 2026AY 2015-16

Bench: The Tribunal. The Assessee Has Filed An Application For Condonation Of Delay Supported By An Affidavit Explaining The Reasons For Late Filing. In The Affidavit, The Assessee Has Stated That He Is A Physically Handicapped Person Suffering From Hearing & Speech Disability Since Birth & Is Entirely Dependent Upon Others For Handling His Income Tax Matters. It Has Further Been Explained That His Earlier Accountant, Who Was Looking After The Tax Affairs, Left The Job & Did Not Inform The Assessee Regarding The Appellate Proceedings And, Because Of His Disability, The Assessee Could Not Monitor The Proceedings & Came To Know About The Appellate Order Only Later When He Consulted Another Person After Receipt Of Subsequent Penalty Related Communication. It Has Also Been Submitted That The Delay Was Neither Intentional Nor Deliberate But Occurred

For Appellant: Shri Nagesh Behl, Advocate (Virtual)For Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr. DR
Section 147Section 148

shall provide an adequate and effective opportunity to be heard to the assessee and thereafter decide the appeal afresh by passing a speaking order in accordance with law. The assessee is also directed to cooperate and furnish all necessary evidence and shall not seek unwarranted adjournments. 10.2 However, considering that

Ronak Ashok Shah, Mumbai vs. ITO Ward 41(3)(3), Mumbai

In the result, the appeal is allowed for statistical purpose

ITA 6639/MUM/2025[2018-19]Status: DisposedITAT Mumbai23 Feb 2026AY 2018-19

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokarronak Ashok Shah Ito-41(3)(3) 1803, Raj Hans Apt., Kautilya Bhavan, Jitendra Road, Malad (E) Vs. Mumbai Mumbai-400 097 Pan/Gir No. Bdjps 9744 J (Appellant) : (Respondent) Appellant By : Shri Rajesh Kothari Respondent By : Shri Annavaram Kosuri (Sr. Ar) Date Of Hearing : 18.02.2026 Date Of Pronouncement : 23.02.2026 O R D E R Per Saktijit Dey: This Is An Appeal By The Assessee Against Order Dated 10.03.2025, Passed By National Faceless Appeal Centre (‘Nfac’ For Short), Delhi For The Assessment Year (A.Y. For Short) 2018-19. 2. In Ground No. 1, The Assessee Has Raised Grievance Against The Ex Parte Disposal Of The Appeal By Ld. First Appellate Authority. Whereas, Ground Nos. 2 To 5 Are On The Issue Of Validity Of Reopening Of Assessment. Ground Nos. 6 & 7 Are On The Authority Of The Jurisdictional Assessing Officer (Jao) In Completing The Assessment. Whereas, Ground Nos. 8 To 11 Are On Merits.

For Appellant: Shri Rajesh KothariFor Respondent: Shri Annavaram Kosuri (Sr. AR)
Section 139(1)Section 147Section 148

First appellate authority has the freedom to decide the appeal ex parte, however, he has to decide the grounds through proper reasoning and a speaking order, which is lacking in the present case. The observations of ld. First appellate authority in paragraph 5.7 which sustaining the addition do make ... case of non-speaking order. Even, we have not found any decision of ld. First appellate authority on the legal issue relating to validity of reopening of assessment. Thus, prima facie, it appears that ld. first appellate authority has not decided the appeal after considering the grounds on their