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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., Circle Circle-3(3), Hyderabad

In the result, the appeal of the assessee in ITA

ITA 1312/HYD/2024[2019-20]Status: DisposedITAT Hyderabad12 Sept 2025AY 2019-20

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1309 To 1312/Hyd/2024 (निर्धारण वर्ा/Assessment Year:2019-20) 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: 02/09/2025 घोर्णध की तधरीख/Pronouncement: 12/09/2025 आदेश/Order Per Bench : 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)”), Dated 28.11.2024, 02.12.2024, 29.11.2024 & 28.11.2024 Respectively For The A.Y. 2019-20. Since These Appeals Are Related To The Same Assessee & For The Same A.Y. 2019-20, They

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: Shri Gurpreet Singh, SR-DR
Section 132ASection 143(2)Section 147Section 148Section 68Section 69A

terms of our above observations. The Ld. AO shall consider all evidences filed by the assessee, afford due opportunity of hearing, and pass speaking order in accordance with law. The assessee is also directed to fully cooperate with the Ld. AO and not to seek unnecessary adjournments ... adequate opportunity to the assessee to file submissions and explanations in support of his case, and thereafter ITA Nos.1309 to 1312/Hyd/2024 13 pass a speaking order in accordance with law. The assessee is also directed to extend full cooperation to the revenue authorities and not to seek unnecessary adjournments

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

In the result, the appeal of the assessee in ITA

ITA 1311/HYD/2024[2019-20]Status: DisposedITAT Hyderabad12 Sept 2025AY 2019-20

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1309 To 1312/Hyd/2024 (निर्धारण वर्ा/Assessment Year:2019-20) 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: 02/09/2025 घोर्णध की तधरीख/Pronouncement: 12/09/2025 आदेश/Order Per Bench : 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)”), Dated 28.11.2024, 02.12.2024, 29.11.2024 & 28.11.2024 Respectively For The A.Y. 2019-20. Since These Appeals Are Related To The Same Assessee & For The Same A.Y. 2019-20, They

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: Shri Gurpreet Singh, SR-DR
Section 132ASection 143(2)Section 147Section 148Section 68Section 69A

terms of our above observations. The Ld. AO shall consider all evidences filed by the assessee, afford due opportunity of hearing, and pass speaking order in accordance with law. The assessee is also directed to fully cooperate with the Ld. AO and not to seek unnecessary adjournments ... adequate opportunity to the assessee to file submissions and explanations in support of his case, and thereafter ITA Nos.1309 to 1312/Hyd/2024 13 pass a speaking order in accordance with law. The assessee is also directed to extend full cooperation to the revenue authorities and not to seek unnecessary adjournments

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

In the result, the appeal of the assessee in ITA

ITA 1310/HYD/2024[2019-20]Status: DisposedITAT Hyderabad12 Sept 2025AY 2019-20

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1309 To 1312/Hyd/2024 (निर्धारण वर्ा/Assessment Year:2019-20) 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: 02/09/2025 घोर्णध की तधरीख/Pronouncement: 12/09/2025 आदेश/Order Per Bench : 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)”), Dated 28.11.2024, 02.12.2024, 29.11.2024 & 28.11.2024 Respectively For The A.Y. 2019-20. Since These Appeals Are Related To The Same Assessee & For The Same A.Y. 2019-20, They

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: Shri Gurpreet Singh, SR-DR
Section 132ASection 143(2)Section 147Section 148Section 68Section 69A

terms of our above observations. The Ld. AO shall consider all evidences filed by the assessee, afford due opportunity of hearing, and pass speaking order in accordance with law. The assessee is also directed to fully cooperate with the Ld. AO and not to seek unnecessary adjournments ... adequate opportunity to the assessee to file submissions and explanations in support of his case, and thereafter ITA Nos.1309 to 1312/Hyd/2024 13 pass a speaking order in accordance with law. The assessee is also directed to extend full cooperation to the revenue authorities and not to seek unnecessary adjournments

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

In the result, the appeal of the assessee in ITA

ITA 1309/HYD/2024[2019-20]Status: DisposedITAT Hyderabad12 Sept 2025AY 2019-20

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1309 To 1312/Hyd/2024 (निर्धारण वर्ा/Assessment Year:2019-20) 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: 02/09/2025 घोर्णध की तधरीख/Pronouncement: 12/09/2025 आदेश/Order Per Bench : 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)”), Dated 28.11.2024, 02.12.2024, 29.11.2024 & 28.11.2024 Respectively For The A.Y. 2019-20. Since These Appeals Are Related To The Same Assessee & For The Same A.Y. 2019-20, They

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: Shri Gurpreet Singh, SR-DR
Section 132ASection 143(2)Section 147Section 148Section 68Section 69A

terms of our above observations. The Ld. AO shall consider all evidences filed by the assessee, afford due opportunity of hearing, and pass speaking order in accordance with law. The assessee is also directed to fully cooperate with the Ld. AO and not to seek unnecessary adjournments ... adequate opportunity to the assessee to file submissions and explanations in support of his case, and thereafter ITA Nos.1309 to 1312/Hyd/2024 13 pass a speaking order in accordance with law. The assessee is also directed to extend full cooperation to the revenue authorities and not to seek unnecessary adjournments

Shitalben Prashantbhai Faldu, Rajkot vs. ACIT, Circle 2(2)(1), Rajkot

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

ITA 365/RJT/2025[2012-13]Status: DisposedITAT Rajkot11 Sept 2025AY 2012-13

Bench: Dr. Arjun Lal Sainibefore Dr. Arjun Lal Sainibefore Dr. Arjun Lal Sainiआयकरअपीलसं आयकरअपीलसं./Ita No. 365/Rjt/2025 (िनधा"रणवष" िनधा"रणवष"/Assessment Year: (2012-13) Shitalben Prashantbhai Faldu Shitalben Prashantbhai Faldu Acit, Circle 2(2)(1) 10A, Shanti Niketan, Harihar Society, 10A, Shanti Niketan, Harihar Society, Ito, Amruta Estate Building, Nr. Ito, Amruta Estate Building, Nr. Vs. Kalawad Road, Rajkot – 360001 360001 Girnar Cinema, M. G. Road, Girnar Cinema, M. G. Road, Rajkot – 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Pan/Gir No.: Acwpp4815A (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: ShriVimal Desai, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld
Section 14Section 143(3)

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