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“opportunity of being heard”

Natural JusticeAudi Alteram PartemAudi Alteram Partem22,508 judgments

The decision most relied on for opportunity of being heard is CIT v. Multiplan India Ltd. (38 ITD 320), cited in 2,267 judgments on BharatTax.

Leading authorities on opportunity of being heard

CIT v. Multiplan India Ltd.
38 ITD 320 · 1991 · ITAT
2,267
citing judgments

An appeal before the Income Tax Appellate Tribunal can be dismissed for non-prosecution or treated as unadmitted when the appellant fails to appear, cooperate, or show diligence, in accordance with Rule 19(2) of the Income-tax (Appellate Tribunal) Rules. The law aids the vigilant, not those who sleep on their rights.

CIT v. B.N. Bhattacharya & Another
118 ITR 461 · 1997 · Supreme Court
1,656
citing judgments

Appealing a tax assessment requires more than just filing the appeal; it involves actively pursuing it. The assessee must effectively engage with the appellate process.

Rashmikant Kundalia v. Union of India
54 Taxmann.com 200 · 2015 · High Court
702
citing judgments

Section 234E, levying late fees for delayed filing of TDS statements under section 200(3), is constitutionally valid and constitutes a compensatory fee, not a punitive penalty. Before treating any person as an assessee-in-default, an opportunity of being heard must be provided.

Tin Box Company v. CIT
249 ITR 216 · 2001 · Supreme Court
624
citing judgments

When an issue is remitted to the Assessing Officer for fresh adjudication, the AO must conduct a de novo examination and provide the assessee a full opportunity of being heard. The assessee is bound to comply with the notices issued by the AO.

CIT v. Vikas Polymers
341 ITR 537 · 2012 · High Court
318
citing judgments

An assessment order is not erroneous and prejudicial under Section 263 merely because the Assessing Officer did not record an enquiry and its satisfactory answer in the assessment order, provided such an enquiry was conducted. For revision under Section 263, the Commissioner must also provide the assessee an opportunity of being heard and examine their explanation.

Commissioner of Income Tax Madras v. Chenniyappa Mudiliar
1 SCC 591 · 1985 · Reported
225
citing judgments

The appellate tribunal must render a proper decision on both facts and law, disposing of an appeal on its merits rather than dismissing it solely due to the appellant's absence. This obligation is derived from Section 33(4) of the Income Tax Act, 1922, and reflects principles of natural justice.

ITO v. M. Pirai Choodi
334 ITR 262 · 2011 · Supreme Court
211
citing judgments

If an assessee was denied an adequate opportunity of being heard, including the right to cross-examine a witness, the assessment should be set aside and restored for fresh adjudication after affording due opportunity, even if the assessee failed to appear at an appellate stage. The Tribunal, in the interest of justice, should ensure such matters are re-adjudicated.

Indian & Eastern Newspaper Society v. CIT
119 ITR 996 · 1979 · Supreme Court
205
citing judgments

An assessment cannot be reopened under Section 147/148 based on a mere change of opinion by the Assessing Officer on material already considered during the original assessment, clarifying the scope of 'escaped assessment'.

Judgments citing opportunity of being heard

Divya Shakti Charitable Trust, Mumbai vs. Pr. CIT/Comm of Income Tax, Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 2167/MUM/2021[2022-23]Status: DisposedITAT Mumbai20 Oct 2022AY 2022-23

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No. 2167/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2022-23) Divya Shakti Charitable बिधम/ Pcit Or Cit Trust Mumbai. Vs. A-19, Maharaja Surajmal, 4- Bungalows, Andheri West, Mumbai-400053. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatd3251A (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: None Revenue By: Shri T. Sankar (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 25/07/2022 घोषणा की तारीख /Date Of Pronouncement: 20/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Exemptions), Mumbai Dated 24.09.2021 Whereby The Ld. Cit(E) Granted Approval U/S 80G(5) Of The Income Tax Act, 1961 (Hereinafter “The Act”). However, Since The Grant Of Approval Was Made Subject To Several Conditions Imposed In Form No. 10Ac While Granting Registration Under Clause (Iii) Of Section Proviso To Section 80G(5) Of The Act, The Assessee Being Aggrieved Has Preferred This Appeal Challenging The Action Of Ld. Cit(E) Stipulating Conditions While Granting Registration U/S 80G Of The Act. 2. It Is Admitted Fact That The Assessee Is Registered U/S 12A Of The Act & Further It Is Noted That Similar Issue Has Cropped Up (I.E. Cit(E) Had Prescribed Similar Conditions While Granting Approval U/S

For Appellant: NoneFor Respondent: Shri T. Sankar (Sr. AR)
Section 10Section 12ASection 80GSection 80G(5)

satisfied, pass an order in writing rejecting such application and also cancelling its approval after affording it a reasonable opportunity of being heard; 41. Further, the conditions specified in clauses (i) to (v) read as under- “(i) where the institution or fund derives any income, such income would

Divya Shakti Charitable Trust, Mumbai vs. Pr. CIT Or Commissioner of Income Tax, Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 2166/MUM/2021[2022-23]Status: DisposedITAT Mumbai20 Oct 2022AY 2022-23

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No. 2166/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2022-23) Divya Shakti Charitable बिधम/ Pcit Or Cit Trust Mumbai. Vs. A-19, Maharaja Surajmal, 4- Bungalows, Andheri West, Mumbai-400053. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatd3251A (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: None Revenue By: Shri T. Sankar (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 25/07/2022 घोषणा की तारीख /Date Of Pronouncement: 20/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Exemptions), Mumbai Dated 24.09.2021 Whereby The Ld. Cit(E) Granted Approval U/S 80G(5) Of The Income Tax Act, 1961 (Hereinafter “The Act”). However, Since The Grant Of Approval Was Made Subject To Several Conditions Imposed In Form No. 10Ac While Granting Registration Under Clause (Iii) Of Section Proviso To Section 80G(5) Of The Act, The Assessee Being Aggrieved Has Preferred This Appeal Challenging The Action Of Ld. Cit(E) Stipulating Conditions While Granting Registration U/S 80G Of The Act. 2. It Is Admitted Fact That The Assessee Is Registered U/S 12A Of The Act & Further It Is Noted That Similar Issue Has Cropped Up (I.E. Cit(E) Had Prescribed Similar Conditions While Granting Approval U/S

For Appellant: NoneFor Respondent: Shri T. Sankar (Sr. AR)
Section 10Section 12ASection 80GSection 80G(5)

satisfied, pass an order in writing rejecting such application and also cancelling its approval after affording it a reasonable opportunity of being heard; 41. Further, the conditions specified in clauses (i) to (v) read as under- “(i) where the institution or fund derives any income, such income would

M.N.Rangamani, Chennai vs. Income Tax Officer, Corporate Ward-2(1), Chennai

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

ITA 21/CHNY/2021[2015-16]Status: DisposedITAT Chennai19 Oct 2022AY 2015-16

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.21/Chny/2021 िनधा"रण वष"/Assessment Year: 2015-16 Shri M.N. Rangamani, Vs. The Income Tax Officer, 94, First Avenue, Defence Officers Corporate Ward 2(1), Colony, Ekkattuthangal, Chennai 600 034. Chennai 600 032. [Pan:Aaepr5701M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri M.N.Rangamani, C.A. ""थ" की ओर से/Respondent By : Ms. T.M. Sugunthamala, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 10.10.2022 घोषणा की तारीख /Date Of Pronouncement : 19.10.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 5, Chennai Dated 14.02.2020 Relevant To The Assessment Year 2015-16. The Only Issue Involved In This Appeal Relates To Confirmation Of Disallowance Of ₹.37,15,836/- Under Section 14A Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri M.N.Rangamani, C.AFor Respondent: Ms. T.M. Sugunthamala, Addl. CIT
Section 142(1)Section 143(2)Section 143(3)Section 14A

investment which yield exempt income for numerator and total investment for denominator and compute the disallowance in accordance with law after affording reasonable opportunity of being heard to the assessee. Accordingly, we set aside the order passed by the ld. CIT(A) and remit the matter back to the file