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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

Pradhan Transport Pvt. Ltd., Cuttack vs. ACIT Circle -1(1), Cuttack

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

ITA 263/CTK/2023[2012-13]Status: DisposedITAT Cuttack09 Oct 2023AY 2012-13

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.263/Ctk/2023 (ननधाारण वषा / Assessment Year : 2012-2013) M/S Pradhan Transport Pvt. Ltd., Vs Acit, Circle-1(1), Cuttack Mahanadi Vihar Road, Sikharpur, Cuttack-753003 Pan No. :Aaccp 9795 Q (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri B.K.Mahapatra, Advocate राजस्व की ओर से /Revenue By : Shri Charan Dass, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 09/10/2023 घोषणा की तारीख/Date Of Pronouncement : 09/10/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 07.06.2023, Passed In Itba/Nfac/S/250/2023-24/1053602705(1) For The Assessment Year 2012-2013. 2. It Was The Submission Of The Ld. Ar That The Issue In This Appeal Was In Respect Of Two Additions Representing Loss & Damages & Bad Debt. It Was The Submission That In Appeal Before The Ld. Cit(A) Though Substantial Documents Have Been Produced, However, The Ld. Cit(A) In Para 5.3 Of His Order Has Held That “In Absence Of Any Concrete Documentary Evidence, The Appeal Cannot Be Adjudicated And, Therefore, Additions Made By The Ld. Ao Is Upheld. It Was The Submission That If The Ld. Cit(A) Was Not Satisfied With The Evidence As Produced, Then It Was Incumbent

For Appellant: Shri B.K.Mahapatra, AdvocateFor Respondent: Shri Charan Dass, Sr. DR

assessee needs to be further substantiated. In these circumstances, it is noticed that the order of the ld. CIT(A) is a non-speaking order. Therefore, issues in this appeal are restored to the file of ld. CIT(A) for readjudication after granting the assessee adequate opportunity of being heard