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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, CC-4(4), Kolkata vs. Hemraj Industries Private Limited, Kolkata

In the result, appeal of the revenue and cross objection of the assessee are dismissed

ITA 58/KOL/2025[2021-22]Status: DisposedITAT Kolkata26 Aug 2025AY 2021-22

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.58/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2021-2022) Dcit, Cc-4(4), Kolkata Vs Hemraj Industries Private Ltd., 46B, Rafi Ahmed Kidwai Road, (1St Floor), Kolkata-700016 Pan No. :Aaach 8249 K (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) & प्रत्याक्षेप सं/Cross Objection No.35/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2021-2022) Dcit, Cc-4(4), Kolkata Hemraj Industries Private Ltd., Vs 46B, Rafi Ahmed Kidwai Road, (1St Floor), Kolkata-700016 Pan No. :Aaach 8249 K (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) रधजस्व की ओर से /Revenue By : Shri Dipu Koley, Adl.Cit-Sr.Dr निर्धाररती की ओर से /Assessee By : Shri S.M.Surana & Sunil Surana, Ars सुनवाई की तारीख / Date Of Hearing : 24/07/2025 घोषणा की तारीख/Date Of Pronouncement : 26/08/2025 आदेश / O R D E R Per Rajesh Kumar, Am : The Revenue Has Filed Appeal Against The Order Dated 11.11.2024, Passed By The Ld. Cit(A), Kolkata-27, For The Assessment Year 2021-2022 & The Assessee Has Filed Cross Objecting Arising Out Of The Appeal Filed By The Revenue. 2. The Only Issue Raised By The Revenue In Its Appeal Is Against The Deletion Of Addition To The Tune Of Rs.88,69,577/- By The Ld.Cit(A) Thereby Partly Sustaining The Addition To The Tune Of Rs.12,67,083/- As Against The Addition Made By The Assessing Officer Of Rs.1,01,36,660/- As Unaccounted Sale Of The Assessee Outside The Books Of Accounts

For Appellant: Shri S.M.Surana & Sunil Surana, ARsFor Respondent: Shri Dipu Koley, Adl.CIT-Sr.DR
Section 132Section 69A

addition to the extent of Rs.12,67,083/-. In our opinion, the order passed by the ld. CIT(A) is a very reasoned and speaking order and we do not find any merit in the contention of the ld.AR that a net profit rate should be applied qua which