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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

DCIT, Cental Circle 2(3), Kolkata vs. Lumino Industries Limited, Merlin Acropolis, E.K.T

In the result, both the appeal of the Revenue and cross objections of the assessee are dismissed

ITA 1223/KOL/2025[2014-2015]Status: DisposedITAT Kolkata16 Sept 2025AY 2014-2015

Bench: Shri Duvvuru Rl Reddy & Shri Rajesh Kumari.T.A. No.1223/Kol/2025 Assessment Year: 2014-15 Dcit, Central Circle-2(3), Kolkata........................…...........................……….……Appellant Vs. Lumino Industries Ltd……………………............…..….…..….......……...…..…..Respondent Unit No.12/4, Merlin Acropolis, E.K.T., Kol-700107. [Pan: Aaacd9817H] C.O No.57/Kol/2025 (In I.T.A. No.1223/Kol/2025) Assessment Year: 2014-15 Lumino Industries Ltd.......................................................................……….…Cross-Objector Unit No.12/4, Merlin Acropolis, E.K.T., Kol-700107. [Pan: Aaacd9817H] Vs. Dcit, Central Circle-2(3), Kolkata ……………….…..….......……..…...…..…..Respondent Appearances By: Shri P. N. Barnwal, Cit-Dr, Appeared On Behalf Of The Revenue. Shri Akkal Dudhwewala, Fca, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : August 06, 2025 Date Of Pronouncing The Order : September 16, 2025 Order Per Rajesh Kumar: This Is An Appeal By The Revenue & Cross Objections D By The Assessee Against The Order Of The Ld. Commissioner Of Income-Tax (Appeals) – 26, Kolkata [Hereinafter Referred To As The ‘Ld. Cit(A)’] Dated 27.03.2025 Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’) For Ay 2014-15. 02. At The Outset, We Note That There Is A Delay In Filing Of The Appeal By 7 Days By The Revenue, For Which, Condonation Petition Has Been Filed. After Hearing Both The Parties & Perusing The Contents Of The Condonation Application Filed By The Revenue, We Are Of The View That The

Section 131Section 133(6)Section 143(2)Section 250Section 68

allowed the appeal of the assessee by elaborately examining the documentary evidences furnished by the lenders by passing a well-reasoned and speaking order. We also note that each of these lenders had filed all the relevant documents which were required by the AO to substantiate their identity and creditworthiness ... even on the remaining parties. The ld. CIT(Appeals) has simply dismissed the appeal of the assessee by passing a very cryptic and non-speaking order. Now the issue before us is whether the assessee has duly discharged his burden by filing the aforesaid evidences before the authorities

Shri Dipakkumar Parsotamdas Asanani, Village Jetpur, Dist. Rajkot vs. The ITO Ward 1 (2) (1), Rajkot

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

ITA 435/RJT/2025[2013-14]Status: DisposedITAT Rajkot12 Sept 2025AY 2013-14

Bench: Dr. Arjun Lal Sainibefore Dr. Arjun Lal Sainibefore Dr. Arjun Lal Sainiआयकरअपीलसं आयकरअपीलसं/.Ita No. 435/Rjt/2025 "नधा"रणवष" "नधा"रणवष" /Assessment Year: 2013-14 Dipakkumar Parsotamdas Asanani Asanani Ito, Nfac, Delhi Prop. Jay Jalaram Enterprise, M. G. , M. G. Vs. Aayakar Bhavan, Race Course Ring Aayakar Bhavan, Race Course Ring Road, Rajkot – 360370 Road, Rajkot - 360001 Pan : Aecpa2955G (अपीलाथ"/Assessee) : (""यथ"/Respondent) "नधा"रतीक"ओरसे/Assessee By Assessee By : Shri Brijesh Parekh,Ld.Ar राज"वक"ओरसे/Revenue By Revenue By : Shri Abhimanyu Singh Yadav, Ld. D. Sr. Dr

For Appellant: Shri Brijesh Parekh,Ld.ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld
Section 147Section 148

parte order and the impugned order passed by the ld. CIT(A), is an ex parte order and non-speaking order, therefore, speaking order, therefore, I do not wish to make any comments on the do not wish to make any comments on the merits of the grounds raised ... justice, I restore the matter restore the matter back to the file of Ld. CIT(A A)for de novo adjudication and pass a speaking order adjudication and pass a speaking order after affording sufficient opportunity of being heard to the assessee, who in turn, after affording sufficient opportunity

Eagle Fashions Private Limited, Surat vs. DCIT Circle 1(1)(1), Surat

The appeal of the assessee is treated as allowed for statistical purposes

ITA 1252/SRT/2024[2011-12]Status: DisposedITAT Surat12 Sept 2025AY 2011-12

Bench: Shri Sanjay Garg & Shri Bijayananda Prusethआयकर अपील सं /Ita No.1252/Srt/2024 िनधा"रण वष" /Assessment Year : 2011-12 Eagle Fashions Private The Deputy Director Of Income Limited, 201, 2Nd Floor बनाम/ Tax, Cpc, Bengaluru Orleaans Building Current Jurisdiction: V/S. Near City Centre Deputy Cit Sosyo Circle, Magdalla Circle-1(1)(1), Surat Bharthana B.O., Surat "थायी लेखा सं./Pan: Aaace 5107 F (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Rasesh Shah, Ca Revenue By : Shri Ajay Uke, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 19/06/2025 घोषणा की तारीख /Date Of Pronouncement: 12/09/2025 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Office Of The Commissioner Of Income Tax, Appeal, Addl/Jcit (A), Prayagraj [Hereinafter Referred To As ‘Ld.Cit(A)’] Dated 30/09/2024 For Assessment Year (Ay) 2011-12. The Assessee Is Aggrieved By The Action Of The Ld.Cit(A) In Dismissing The Appeal Of The Assessee Holding The Same As Time- Barred. Eagle Fashions Private Limited Vs. Dcit Asst. Year : 2011-12

For Appellant: Shri Rasesh Shah, CAFor Respondent: Shri Ajay Uke, Sr.DR
Section 143(1)Section 154Section 250

Ld.CIT(A) with a direction to consider the contentions of the assessee on merits and decide the appeal of the assessee by way of speaking order. 6. With the above observations, the appeal of the assessee is treated as allowed for statistical purposes. Order is pronounced under provision of Rule