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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

Apex Irrigation, Rajkot vs. The Income Tax Officer, Ward-1(1)(1), Rajkot

In the result, the appeal

ITA 539/RJT/2025[2017-18]Status: DisposedITAT Rajkot17 Sept 2025AY 2017-18

Bench: Dr. Arjun Lal Sainibefore Dr. Arjun Lal Sainibefore Dr. Arjun Lal Sainiआयकरअपीलसं आयकरअपीलसं./Ita No. 539 & 540/Rjt/2025 ("नधा"रणवष" "नधा"रणवष"/Assessment Year: (2017-18) Apex Irrigation Income Tax Office, Ito Ward- Income Tax Office, Ito Ward S. No. 270, Plot No. 4, Behind Maruti S. No. 270, Plot No. 4, Behind Maruti Vs. 1(1)(1), Petrol Pump, Nh 8B To Gondal, Nr. Bus Petrol Pump, Nh 8B To Gondal, Nr. Bus- Income Tax Office, Race Course , Race Course Stand, Shapar, Veraval Ring Road, Rajkot – 360001 360001 Rajkot – 360024 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Pan/Gir No.: Aajfa4917D (अपीलाथ"/Appellant) (""यथ"/Respondent) /Appellant) /Respondent) Appellant By : Shri Brijesh Parekh, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. , Ld. Sr. Dr Date Of Hearing : 17/09/2025 : 17/09/2025 Date Of Pronouncement Date Of Pronouncement

For Appellant: Shri Brijesh Parekh, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld
Section 270A

restore the matter back to the file of Ld.CIT(A) Apex Irrigation v. ITO adjudication and pass a speaki adjudication and pass a speaking order after affording sufficient opportunity of ng order after affording sufficient opportunity of being heard to the assessee, who in turn, is also directed to contest