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“non-speaking order”

Natural JusticeReasoned OrderReasoned Order793 judgments

The decision most relied on for non-speaking order is Kunhayammed v. State of Kerala (245 ITR 360), cited in 361 judgments on BharatTax.

Leading authorities on non-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.

Employees’ Welfare Assn. v. Union of India
4 SCC 187 · 1989 · Reported
40
citing judgments

Dismissal of a Special Leave Petition (SLP) in limine does not amount to a declaration of law under Article 141 of the Constitution, nor does it confirm the view of the lower court.

Sundaram Multi Pap Ltd. v. ACIT
164 Taxmann.com 414 · 2024 · High Court
31
citing judgments

An order passed under Section 148A(d) and subsequent proceedings are void if the Assessing Officer provides insufficient opportunity for the assessee to file a reply before issuing the notice under Section 148A(b).

Ms. Swati Pawa v. DCIT
103 Taxmann.com 300 · 2019 · High Court
27
citing judgments

The Commissioner (Appeals) may pass an order on the basis of material available on hand if the assessee fails to comply with notices despite sufficient opportunity. However, the Tribunal may restore appeals to the AO if similar cases on similar facts were restored.

Royal Bitumen (P.) Ltd. v. ACIT
164 Taxmann.com 606 · 2024 · High Court
25
citing judgments

Orders passed under section 148A(d) and subsequent reassessment proceedings are vitiated if the Assessing Officer fails to provide a proper opportunity of hearing to the assessee before issuing the notice.

Everest Kanto Cylinder Ltd. v. DCIT/ACIT
164 Taxmann.com 608 · 2024 · High Court
24
citing judgments

Orders under section 148A(d) are subject to appeal and the Supreme Court has upheld High Court decisions that considered them appealable. The dismissal of SLPs by the Supreme Court in related cases indicates a settled position on this matter.

16. Further, in Khoday Distilleries Ltd. & Others v. Sri Mahadeshwara Sahakara Sakkare Karkhane Limited, Kollegal
4 SCC 376 · 2019 · Reported
21
citing judgments

An order refusing special leave to appeal, whether speaking or non-speaking, does not attract the doctrine of merger and does not substitute the order under challenge.

State of Manipur v. Thingujam Brojen Meetai
9 SCC 29 · 1996 · Reported
15
citing judgments

A Supreme Court judgment dismissed by a non-speaking order does not constitute a declared law and is not binding under Article 141 of the Constitution of India.

Judgments citing non-speaking order

Indishine Foundation, Hyderabad vs. CIT (Exemption), Hyderabad

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

ITA 880/HYD/2025[2023-24]Status: DisposedITAT Hyderabad08 Aug 2025AY 2023-24

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.880/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2023-24) M/S. Indishine Foundation, Commissioner Of Income Tax Vs. (Exemption), Hyderabad. Hyderabad. Pan:Aagci9967D (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K.N. Nishanth Rao, Advocate रधजस् व द्वधरध/Revenue By:: Dr.Narendra Kumar Naik, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 05/08/2025 घोर्णध की तधरीख/Pronouncement: 08/08/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By M/S. Indishine Foundation (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Exemptions), Hyderabad (“Ld. Cit(E)”), Dated 19.03.2025 For The A.Y. 2023-24. 2. The Assessee Has Raised The Following Grounds Of Appeal :

For Appellant: Shri K.N. Nishanth Rao, AdvocateFor Respondent: : Dr.Narendra Kumar Naik, CIT-DR
Section 12ASection 8Section 80G

submissions made by the assessee and does not record any specific deficiency, contradiction, or violation of Section 80G conditions. Such a non-speaking order, passed without dealing with the objections and documents submitted by the assessee, is not sustainable in law. 7. We also find merit in the submission

Bigala Krishna Murthy Foundation, Hyderabad vs. CIT (Exemption), Hyderabad

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

ITA 11/HYD/2025[2024-25]Status: DisposedITAT Hyderabad06 Aug 2025AY 2024-25

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.11/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2024-25) M/S. Bigala Krishna Murthy Commissioner Of Income Tax Vs. (Exemption), Hyderabad. Foundation, Hyderabad. Pan:Aakcb1687M (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri M. Venkatram Reddy, Advocate रधजस् व द्वधरध/Revenue By:: Shri Narendra Kumar Naik, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 30/07/2025 घोर्णध की तधरीख/Pronouncement: 06/08/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By M/S. Bigala Krishna Murthy Foundaton (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Exemptions), Hyderabad (“Ld. Cit(E)”), Dated 24.10.2024 For The A.Y. 2024-25. Ita No.11/Hyd/2025 2

For Appellant: Shri M. Venkatram ReddyFor Respondent: : Shri Narendra Kumar Naik
Section 11Section 12ASection 2(15)

vague and unsupported by any material or reasoning. In our considered view, the rejection of registration under Section 12AB based on such a non-speaking order cannot be sustained in law. The matter deserves to be reconsidered by the Ld. CIT(E) after examining the submissions and financials filed

Dar E Aqram Eductaion Charitable Trust, Pune vs. ITO Exemption Ward 1(2), Pune

In the result, both the appeals in ITA Nos

ITA 739/PUN/2025[2023-24]Status: DisposedITAT Pune31 Jul 2025AY 2023-24

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.738 & 739/Pun/2025 Dar E Arqam Education Charitable Trust, Galli No. 9, Sr. No. 54, Shivneri Nagar, Kondhwa Khurd, Pune-411048 Vs. Ito, Exemption, Ward – 1(2), Pune Pan: Aactd0454F अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Piyush Bafna Department By : Shri Amol Khairnar Date Of Hearing : 30-07-2025 Date Of Pronouncement : 31-07-2025 आदेश / Order Per Astha Chandra, Jm : The Above Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Both Dated 18.03.2024 Of The Ld. Commissioner Of Income Tax (Exemption), Pune (“Cit(E)") Rejecting The Application(S) For Grant Of Registration U/S 12A & Approval U/S 80G Of The Income Tax Act, 1961 (The "Act") Filed On 29.09.2023 & 30.09.2023 Respectively. For The Sake Of Convenience, Both These Appeals Were Heard Together & Are Being Disposed Of By This Common Order. 2. Both The Appeals Have Been Filed With A Delay Of 293 Days Before The Tribunal For Which The Assessee Has Filed An Affidavit Explaining The Reasons For Such Delay. On Perusal Of The Same, We Are Satisfied That The Delay In Filing Of Appeal Is Not Intentional Or Deliberate But Has Occurred For The Reasons Mentioned In The Affidavit. After Hearing Both The Sides, We Are Of The View That The Delay Is Attributable To The Sufficient Cause. We, Therefore, In Light Of The Decisions Of The Hon'Ble Supreme Court In The Case Of Collector, Land Acquisition Vs. Mst. Katiji & Ors. (1987) 167 Itr 471 (Sc) & In The Case Of Inder Singh Vs. The State Of Madhya Pradesh Reported In 2025 Livelaw (Sc) 339, Condone The Said Delay & Proceed To Decide The Appeal. 3. In Ita No.738/Pun/2025, The Assessee Has Challenged The Order Of The Ld. Cit(E) In Rejecting The Application For Registration U/S 12A Of The Act While

For Appellant: Shri Piyush BafnaFor Respondent: Shri Amol Khairnar
Section 12ASection 12A(1)(ac)Section 36ASection 80G

erred in cancelling the validly granted provisional approval under Section 80G(5), despite the appellant fulfilling allsubstantive conditions for final registration. Mechanical and Non-Speaking Order 7. On the facts and in the circumstances of the case, the Hon'ble CIT(Exemption), Pune has erred in passing a non-speaking

Riaz Ali, Tiruvarur vs. ITO, Int Tax Ward 2(1), Chennai

In the result, appeal filed by the assessee is allowed in terms of our above order

ITA 790/CHNY/2025[2018-19]Status: DisposedITAT Chennai31 Jul 2025AY 2018-19

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Jagadishआयकरअपील सं./ Ita No.790/2025 (धििाारणवर्ा / Assessment Year: 2018-19) Riaz Ali, Vs. Income Tax Officer, No.2-A, Puliyangudi North (International Taxation)-2(1), Street, Koothanallur, Tiruvarur, Chennai. Tamil Nadu-614 101. [Pan:Auepr2020H] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Ms.T.V.Muthu Abirami, Advocate प्रत्यर्थी की ओर से /Respondent By : Ms.Gouthami Manivasagam,Jcit. सुनवाई की तारीख/Date Of Hearing : 17.07.2025 घोषणा की तारीख /Date Of Pronouncement : 31.07.2025 आदेश / O R D E R Manu Kumar Giri () This Appeal By The Assessee Is Arising Out Of The Final Assessment Order Dated 06.01.2025, Passed By The Income Tax Officer, Intl Taxn Ward 2(1) Che, Chennai For The Assessment Year 2018-19 U/S.147 R.W.S. 144C (13) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) In Pursuant To The Directions Of The Dispute Resolution Panel-2, Bengaluru Dated 26.12.2024. 2 Ita No.790/Chny/2025 (Ay 2018-19) Riaz Ali

For Appellant: Ms.T.V.Muthu Abirami, AdvocateFor Respondent: Ms.Gouthami Manivasagam,JCIT
Section 127Section 144BSection 147Section 148Section 148ASection 54

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