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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

Sanchit Kantilal Ganore, Bhagur vs. ITO Ward 1(1), Nashik

In the result, appeal of the assessee is partly allowed

ITA 1767/PUN/2025[2017-18]Status: DisposedITAT Pune19 Sept 2025AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.1767/Pun/2025 निर्धारण वषा / Assessment Year: 2017-18 Sanchit Kantilal Ganore, V The Income Tax Officer, 21, Main Road, Bhagur, S. Ward-1(1), Nashik. Nashik - 422502. Pan: Aprpg4907J Appellant/ Assessee Respondent / Revenue Assessee By Shri Piyush Bafna Revenue By Shri Aviyogi Ambadkar– Add.Cit(Dr) Date Of Hearing 09/09/2025 Date Of Pronouncement 19/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2017-18, Dated 29.05.2025 Emanating From Assessment Order U/S.147 R.W.S 144 Of The I.T.Act, Dated 21.05.2023. The Assessee Has Raised Following Grounds Of Appeal : “1. On The Facts & In The Circumstances Of The Case & In Law & Without Prejudice To Other Grounds, Ld. Nfac Has Erred In Passing A

Section 147Section 148Section 149Section 151Section 250

case and in law and without prejudice to other grounds, Ld. NFAC has erred in passing a ITA No.1767/PUN/2025 [A] cryptic and non-speaking order upholding the additions of Rs 1,34,39,289 made by Ld.NaFAC without adjudicating the legal grounds raised by the Appellant and hence, the impugned ... circumstances of the case and in law and without prejudice to other grounds, Ld. NFAC has erred in passing a cryptic and non-speaking order upholding the additions of Rs 1,34,39,289 made by Ld. NaFAC by assigning same reasons that of NaFAC without independently appreciating the written

Lic Mutual Fund Asset Management Limited, Mumbai vs. DCIT-1(2)(1), Mumbai

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

ITA 4246/MUM/2025[2022-23]Status: DisposedITAT Mumbai19 Sept 2025AY 2022-23

Bench: Shri Vikram Singh Yadav & Shri Anikesh Banerjeeassessment Year : 2022-23 Lic Mutual Fund Asset Dcit-1(2)(1), Management Limited, Aayakar Bhavan, 4Th Floor, Industrial Assurance Vs. Maharshi Karve Road, Building, Mumbai-400020. Opp: Churchgate Station, Churchgate, Mumbai-400020. Pan : Aaacj1166H (Appellant) (Respondent) For Assessee : Shri Madhur Agrawal & Shri Ravikant Pathak For Revenue : Shri Rajesh Kumar Yadav, Cit-Dr Date Of Hearing : 15-09-2025 Date Of Pronouncement : 19-09-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Pr. Commissioner Of Income Tax, Mumbai-1, [„Ld.Pcit‟], Dated 07-03- 2025, U/S. 263 Of The Income Tax Act, 1961 („The Act‟), Pertaining To Assessment Year (Ay) 2022-23, Wherein The Assessee Has Taken The Following Grounds Of Appeal: “1.The Hon'Ble Principal Commissioner Of Income Tax, Mumbai-1 (Hereinafter Referred As Hon'Ble Pcit] Erred In Setting Aside The Assessment Order Passed U/S 143(3) Of The Income Tax Act, 1961 ("Act") & Passing The Revision Order U/S 263 Of The Act.

For Appellant: Shri Madhur Agrawal &For Respondent: Shri Rajesh Kumar Yadav, CIT-DR
Section 143(2)Section 143(3)Section 263

include an opportunity to present written submissions/arguments and to take into consideration the submissions so made and thereby examining the same and passing a speaking order accepting or rejecting the contentions so raised and determining as to how the order so passed by the AO is held to be erroneous ... find that the order so passed by the Ld.PCIT doesn‟t meet the aforesaid test and deserve to be set-aside for passing a speaking order. As evident from the impugned order, reproduced in earlier part of our order, we find that the Ld.PCIT has started with the findings

Ashok Hirpara, Deputy Commiossioner of Incometax, Jamnagar vs. Sanjay Gulabrai Kundalia, Jamnagar

In the result, appeal filed by the revenue is dismissed and cross objection filed by the assessee is also dismissed

ITA 66/RJT/2025[2016-17]Status: DisposedITAT Rajkot18 Sept 2025AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं /.Ita No.66/Rjt/2025 & C.O. No. 10/Rjt/2025 "नधा"रणवष"/ Assessment Year: 2016-17 Deputy Commissioner Of Income Sanjay Gulabrai Kundalia बनाम Tax, Jamnagar Khambhaliya Circle-1, Vs. Highway, Sikkarpatiya, Jamnagar Sikka, Jamnagar Pan: Acypk3888Q Sanjay Gulabrai Kundalia Jamnagar Khambhaliya Vs. Deputy Commissioner Of Income Tax, Highway, Sikkarpatiya, Circle-1, Jamnagar Sikka, Jamnagar Pan: Acypk3888Q (अपीलाथ"/Appellant/Respondent) : (""यथ"/Respondent/Cross Objector) "नधा"रती क" ओर से/Assessee By : Shri K.D. Sheth, Ld.Ar राज"व क" ओर से/Revenue By : Shri Abhimanyu Singh Yadav, Sr-Dr सुनवाई क" तार"ख /Date Of Hearing : 30/06/2025 घोषणा क" तार"ख /Date Of Pronouncement : 18/09/2025 Order Per: Dr. Arjun Lal Saini: Captioned Appeal Filed By The Revenue & Cross Objection Filed By The Assessee, Pertaining To Assessment Year (Ay) 2016-17, Are Directed Against The Common Orders Passed By The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi [In Short ‘Ld. Cit(A)/Nfac’], Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Dated 10.12.2024, Which In Turn Arises Out Of An Dcit Vs.Sanjay Gulabrai Kundalia

For Appellant: Shri K.D. Sheth, ld.ARFor Respondent: Shri Abhimanyu Singh Yadav, Sr-DR
Section 133(6)Section 143(3)Section 250

restricted the addition of 20% of the expenditure, without going into merits of the case. The Assessing Officer has passed a reasoned and speaking order. The assessee has given the address of these parties of Mumbai whereas the fact is that all these partes are residing at Jamnagar. Further ... movement of the cargo or the income offered by the alleged sub-contractors. Considering all these facts, the learned CIT(A) passed the speaking order, which may be confirmed and appeal of the revenue may be dismissed. DCIT VS.Sanjay Gulabrai Kundalia ITA No.66 /RJT/2025 & C.O. No. 10/RJT/2025