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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

Just Blossom Foundation, Andhra Pradesh vs. CIT (Exemption), Hyderabad

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

ITA 889/HYD/2025[2024-2025]Status: DisposedITAT Hyderabad20 Aug 2025AY 2024-2025

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.889/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2024-25) Just Blossom Foundation, Commissioner Of Income Tax Vs. (Exemption), Hyderabad. Bapatla, Andhra Pradesh. Pan: Aadtj8267F (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Ms. G. Kalyani. रधजस् व द्वधरध/Revenue By:: Dr. Narendra Kumar Naik, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 06/08/2025 घोर्णध की तधरीख/Pronouncement: 20/08/2025

For Appellant: Ms. G. KalyaniFor Respondent: : Dr. Narendra Kumar Naik
Section 80G

assessee without pointing out any specific deficiency in the documents furnished. It was also submitted that the impugned order is a non-speaking order, violating principles of natural justice. The Ld. AR prayed that the matter be remanded back to the Ld. CIT(E) to consider the ITA No.889/Hyd/2025 ... submissions afresh and pass a reasoned and speaking order, after giving the assessee an effective opportunity of being heard. 6. The Ld. DR supported the order of the Ld. CIT(E), stating that the Ld. CIT(E) has jurisdiction to assess the genuineness of activities before granting approval under Section