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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

No.4091, Mallasamudram Paccs Ltd., Namakkal vs. ITO, Ward-1, Namakkal

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

ITA 1701/CHNY/2025[2020-21]Status: DisposedITAT Chennai10 Sept 2025AY 2020-21

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1701/Chny/2025 Assessment Years: 2020-21 No.4091 Mallasamudram Primary Income Tax Officer, Agricultural Cooperative Credit Society Ward-1, Limited, Namakkal. Mallasamudram Post, T.Gode.T.K., Namakkal Dist. Tamil Nadu-637 503. [Pan: Aaban1134E] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Mr.T.S.Lakshmi Venkataraman, F.C.A (Virtual) प्रत्यर्थी की ओर से /Revenue By : Ms.Gouthami Manivasagam, Jcit सुनवाई की तारीख/Date Of Hearing : 25.08.2025 घोषणा की तारीख /Date Of Pronouncement : 10.09.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Mr.T.S.Lakshmi Venkataraman, F.C.A (Virtual)For Respondent: Ms.Gouthami Manivasagam, JCIT
Section 270ASection 80P

assessee leading to his making the impugned addition. We have however noted that the order passed by the Ld. AO is not a speaking order and clear facts have not been brought on records before making the impugned addition. There are also indications of no enquiries conducted by the Ld.AO ... direct the Ld. AO to readjudicate the matter de novo by examining the matter afresh in accordance with law and by passing a speaking order. The decision to remit it back to the Ld. AO is taken in view of the fact that an Assessing Officer is the fulcrum

Late Sh Mangat Singh Through Legal Heir Sh Mukesh Tyagi, Hapur vs. Income Tax Officer Hapur, National Faceless Appeal Centre

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2751/DEL/2025[2011-12]Status: DisposedITAT Delhi10 Sept 2025AY 2011-12

Bench: Shri Mahavir Singh, Hon’Bleasstt. Year : 2011-12 Late Sh. Mangat Singh, Vs. Income Tax Officer, Through Legal Heir Shri Hapur, U.P. Mukesh Tyagi, H.No. 908, Near Jatt Mandir, Delhi Road, Chamri Hapur, Hapur, Uttar Pradesh (Pan: Lbqps1077P) (Appellant) (Respondent) Appellant By : Shri P. Roy Chaudhari, Adv. (Through V.C.) & Shri Gagan Gupta, Adv. Respondent By : Shri Manoj Kumar, Sr. Dr Date Of Hearing 03.09.2025 Date Of Pronouncement 03.09.2025 Order This Appeal Has Been Filed By The Assessee Against The Order Dated 24.5.2023 Passed By The National Faceless Appeal Centre (Nfac), Delhi Relating To Assessment Year 2011-12. 2. At The Outset, Ld. Counsel For The Assessee Submitted That Impugned Order Of The Ld. Cit(A) Has Been Made On A Dead Person Namely Late Shri Mangat Singh, Which Is Not Sustainable In The Eyes Of Law. However, It Should Be Made In The Name Of Legal Heir Of (Assessee) Shri Mangat Singh, Namely Shri Mukesh Tyagi, After Putting His Name On Record Being Legal Heir Of Late Shri Mangat Singh. Ld. Dr Did Not Controvert The Aforesaid Contention Of The Ld. Ar. 3. I Have Heard Both The Parties & Perused The Records. After Considering The Aforesaid Factual Matrix, I Find Considerable Force In The Contention Of The Ld. Ar

For Appellant: Shri P. Roy Chaudhari, Adv. (Through V.C.) &For Respondent: Shri Manoj Kumar, Sr. DR

proper to send back the issues in dispute to the file of the Ld. CIT(A) to consider the same, afresh and pass a speaking order in the name of Legal Heir Shri Mukesh Tyagi, after verification of necessary documentary evidences and grant him adequate opportunity of being heard

Chinnappan Peter Francis, Kumbakonam vs. ITO, Ward-1, Kumbakonam

In the result, appeal filed by the assessee is allowed

ITA 1484/CHNY/2025[2018-19]Status: DisposedITAT Chennai09 Sept 2025AY 2018-19

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकर अपील सं./Ita No.: 1484/Chny/2025 धनिाारण वर्ा / Assessment Year: 2018-19 M/S. Chinnappan Peter Ito, Francis, Vs. Ward I, No. 113, Kamraj Road, Kumbakonam. Bishops House, Kumbakonam – 612 001. Tamil Nadu. [Pan: Bwspp-2816-G] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) (अपीलाथी/Appellant) (प्रत्यथी/Respondent) : Mr. Y. Sridhar, F.C.A अपीलाथी की ओर से/ Appellant By प्रत्यथी की ओर से /Respondent By : Mr. R. Raghupathy, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 05.08.2025 : 09.09.2025 घोर्णा की तारीख /Date Of Pronouncement आदेश / O R D E R Per S.R.Raghunatha, Am. This Appeal By The Assessee Is Arising Out Of The Order Dated 17.04.2025, Passed By The Commissioner Of Income Tax (Appeal), Nfac, Delhi For The Assessment Year 2018-19 Against The Order U/S.147 R.W.S. 144 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Passed By The Ito (Assessing Officer), Ward I, Thanjavur Dated 30.01.2024. 2. At The Outset, The Ld. Ar For The Assessee Mr.Y.Sridhar, Advocate For The Assessee Has Raised An Additional Ground Relating To Jurisdiction Of Jurisdictional Assessing Officer (‘Jao’) In The Light Of The Cbdt Notification Dated 29.03.2022 & The Decision Of The Hon’Ble Madras High Court In The Case Of Tvs Credit Services Ltd. Vs. Dcit (W.P.No.22402 Of 2024 Dated 24.06.2025). The Ld.Dr, Mr.R.Raghupathy, Addl.Cit, Objected Admission Of Additional Ground Raised By The Assessee.

For Respondent: Mr. R. Raghupathy, Addl.CIT
Section 139(1)Section 147Section 148Section 148ASection 151A

therefore be applied to the former and not to the latter. (iv) An order refusing special leave to appeal may be a non-speaking order or a speaking one. In either case it does not attract the doctrine of merger. An order refusing special leave to appeal does not stand ... inclined to exercise its discretion so as to allow the appeal being filed. (v) If the order refusing leave to appeal is a speaking order, i.e., gives reasons for refusing the grant of leave, then the order has two implications. Firstly, the statement of law contained in the order

Ramesh Babulal Patel, Mehsana vs. The ITO, Ward-1, Mehsana

In the result, the appeal of the assessee in ITA No

ITA 854/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad08 Sept 2025AY 2017-18

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita Nos.853/Ahd/2025 & 854/Ahd/2025 िनधा"रण वष" /Assessment Years : 2016-17 & 2017-18 Respectively Ramesh Babulal Patel The Ito बनाम/ C/O. Gayatri Industries, Ward-1 V/S. 271, Gidc Phase-2 Mehsana – 384 002 Mehsana – 384 002 "थायी लेखा सं./Pan: Ahhpp 4902 E (अपीलाथ'/ Appellant) (!( यथ'/ Respondent) Assessee By : Shri Jinesh Shah, Ar Revenue By : Shri Alpesh Parmar, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 04/09/2025 घोषणा की तारीख /Date Of Pronouncement: 08/09/2025 आदेश/O R D E R Per Sanjay Garg:

For Appellant: Shri Jinesh Shah, ARFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 148Section 250Section 68

additional evidences, if any, furnished by the assessee, thereafter will decide the appeal of the assessee on merits by way of speaking order in accordance with law. 8. In the result, the appeal of the assessee in ITA No.853/Ahd/2025 for AY 2016-17 is treated as allowed for statistical purposes ... Asst. Years : 2016-17 & 2017-18 furnished by the assessee, thereafter will decide the appeal of the assessee on merits by way of speaking order in accordance with law. 10. In the result, both the appeals of the assessee are treated as allowed for statistical purposes. Order pronounced