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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

Durai Mahendran, Tiruvallur vs. ITO, Ward-2, Tiruvallur

In the result, the appeal filed by the assessee is allowed for statistical purposes and the stay application filed by the assessee is dismissed

ITA 963/CHNY/2026[2017-18]Status: DisposedITAT Chennai12 Mar 2026AY 2017-18

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:963/Chny/2026 िनधा"रण वष"/Assessment Year: 2017-18 & S.A. No. 73/Chny/2026 [In Ita No. 964/Chny/2026] Shri Durai Mahendran, The Income Tax Officer, No.334, Vinayakar Koil Street, Vs. Ward 2, 89, Veppampattu, Tiruvallur Tiruvallur – 602 024. Pan: Crmpm 1526L (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. Jharna B. Harilal, Ca ""यथ" क" ओर से/Respondent By : Ms. T.Mythili, Jcit सुनवाई क" तारीख/Date Of Hearing : 11.03.2026 घोषणा क" तारीख/Date Of Pronouncement : 12.03.2026 आदेश/ O R D E R Per George George K: This Appeal Filed By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 30.01.2026 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2017-18. Ita No.963/Chny/2026 & :- 2 -: Sa No.73/Chny/2026 2. At The Very Outset, We Notice That The First Appellate Authority’S (Faa) Order Is Ex-Parte, Since There Was No Compliance From The Assessee To The Five Notices Issued From The Office Of The First Appellate Authority. Further, We Also Note That The Assessment Has Been Completed On Best Judgment Basis U/S.144 Of The Act.

For Appellant: Ms. Jharna B. Harilal, CAFor Respondent: Ms. T.Mythili, JCIT
Section 144Section 250Section 69A

substantiate the source of cash deposits. The AO shall examine the same and decide the issue in accordance with law after providing adequate opportunity of being heard to the assessee. The assessee is also directed to cooperate with the Revenue and shall not seek unnecessary adjournments. It is ordered accordingly

Venkatesh, Tirunelveli vs. ITO, Tirunelveli

In the result, the appeal filed by the assessee is allowed for statistical purposes and the stay application filed by the assessee is dismissed

ITA 889/CHNY/2026[2019-2020]Status: DisposedITAT Chennai12 Mar 2026AY 2019-2020

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:889/Chny/2026 िनधा"रण वष"/Assessment Year: 2019-20 & S.A. No. 67/Chny/2026 [In Ita No. 889/Chny/2026] Shri Venkatesh, The Income Tax Officer, No.34-A, Baskaran Street, Vs. Ward 4, Tirunelveli Town S.O., Tirunelveli. Tirunelveli – 627 006. Pan: Akfpv 8799N (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri P. Gunasekaran, Ca ""यथ" क" ओर से/Respondent By : Ms. T.Mythili, Jcit सुनवाई क" तारीख/Date Of Hearing : 11.03.2026 घोषणा क" तारीख/Date Of Pronouncement : 12.03.2026 आदेश/ O R D E R Per George George K: This Appeal Filed By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 17.12.2025 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2019-20. Ita No.889/Chny/2026 & :- 2 -: Sa No.67/Chny/2026 2. At The Very Outset, We Notice That The First Appellate Authority’S (Faa) Order Is Ex-Parte, Since There Was No Compliance From The Assessee To The Five Notices Issued From The Office Of The First Appellate Authority. Further, We Also Note That The Assessment Has Been Completed On Best Judgment Basis U/S.144 Of The Act.

For Appellant: Shri P. Gunasekaran, CAFor Respondent: Ms. T.Mythili, JCIT
Section 144Section 148ASection 250Section 69

investment. The AO shall examine the ITA No.889/CHNY/2026 & :- 5 -: SA No.67/CHNY/2026 same and decide the issue in accordance with law after providing adequate opportunity of being heard to the assessee. The assessee is directed to co-operate with the Revenue and shall not seek unnecessary adjournment. It is ordered accordingly

Rachana Kirti Doshi, Mumbai vs. ITO Ward 19(3)(1), Mumbai

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

ITA 7679/MUM/2025[2009-10]Status: DisposedITAT Mumbai12 Mar 2026AY 2009-10

Bench: Hon’Ble Shri Sandeep Gosain & Hon’Ble Shri Prabhash Shankarrachna Kirti Doshi Vs. Ito, Ward 19(3)(1), Flat No. 44, 4Th Floor, Mumbai Gitanjali, Co Op Housing Piramal Chamber, Society, 73/75, Walkeshwar Lalbaug, Parel Road, Mumbai- 400012 Mumbai - 400006 Pan/Gir No. Aempd4452R (Applicant) (Respondent) Assessee By Shri Rajesh Shah Revenue By Shri Brajendra Kumar (Sr. Dr.) Date Of Hearing 11.02.2026 Date Of Pronouncement 12.03.2026 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order 23.12.2024 Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), By The National Faceless Appeal Centre, Delhi (Nfac) For The Assessment Year 2014-15. The Following Grounds Are Reproduced Below: “1. A) On The Facts & Circumstances Of The Case & In Law, The Learned Cit(A) Erred In Dismissing The Ground Of Re-Opening Of The Assessment. The 2 Appellant Pleads That The Ao Wrongly Re-Opened The Assessment.

Section 133(6)Section 147Section 250Section 68

form of 4 unsecured loans taken from the following parties, the details of which are contained herein below: 4. Therefore, after providing an opportunity of being heard and seeking a reply from the assessee, the AO made additions under Section 68 of the Act. Subsequently

Rama Devi, Hyderabad vs. ITO., Ward- 8(2), Hyderabad

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

ITA 825/HYD/2025[2017-18]Status: DisposedITAT Hyderabad11 Mar 2026AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia(In आयकर अपीलसं./I.T.A. No.825/Hyd/2025 ("नधा"रणवष"/ Assessment Year: 2017-18) Rama Devi, Vs Income Tax Officer, Hyderabad. Ward-8(2), Pan: Agepd7263N Hyderabad. (अपीलाथ"/ Appellant) (""यथ"/ Respondent) करदाताका""त"न"ध"व/ : Shri T. Chaitanya Kumar, Advocate Assessee Represented By राज"वका""त"न"ध"व/ : Ms Reema Yadav, Sr. Ar Department Represented By सुनवाईसमा"तहोनेक""त"थ/ : 03/03/2026 Date Of Conclusion Of Hearing घोषणा क" तार"ख/ : 11/03/2026 Date Of Pronouncement Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Rama Devi (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”) Dated 08/11/2023 For The Assessment Year (“Ay”) 2017-18. Rama Devi Vs. Ito 2. The Assessee Has Raised The Following Grounds Of Appeal:

Section 144Section 69A

adjudicated on merits either by the Ld. AO or by the Ld. CIT(A). The principles of natural justice require that a reasonable opportunity of being heard should be granted before any adverse decision is taken. Though the Ld. DR has submitted that adequate opportunity had already been granted ... restore the matter to the file of the Ld. AO for fresh adjudication. The Ld. AO shall provide adequate opportunity of being heard to the assessee and decide the issues afresh in accordance with law. The assessee is at liberty to file all relevant documentary evidence before

Dayachary Ponnekanti, Hyderabad vs. DCIT, Circle 1(1), Hyderabad

ITA 1985/HYD/2025[2016-17]Status: DisposedITAT Hyderabad11 Mar 2026AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia(In आयकर अपीलसं./I.T.A. No.1985/Hyd/2025 (निर्धारणवर्ष/ Assessment Year:2016-17) Dayachary Ponnekanti, Hyderabad. Pan: Ahspp5496L Vs. Dcit, Circle-1(1), Hyderabad. (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) करदाताकाप्रतिनिधित्व/ Assessee Represented By राजस्वकाप्रतिनिधित्व/ Department Represented By सुनवाईसमाप्तहोनेकीतिथि/ Date Of Conclusion Of Hearing घोषणा की तारीख/ Date Of Pronouncement Shri H. Srinivasulu, Advocate Shri Mathivanan S A, Sr. Ar 02/03/2026 11/03/2026 Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Dayachary Ponnekanti, ("The Assessee"), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)") Dated 08/10/2025 For The A.Y.2016-17. 2. The Assessee Has Raised The Following Grounds Of Appeal:

Section 143Section 144Section 147Section 148Section 148ASection 69Section 69A

आयकर अपीलीय अधिकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad 'A' Bench, Hyderabad श्री विजय पाल राव, उपाध्यक्ष

C-2480 Elayangaram Paccs, Tirupattur vs. ITO, Tirupathur

In the result, appeal of the Assessee stands partly allowed for statistical purpose

ITA 4037/CHNY/2025[2018-19]Status: DisposedITAT Chennai11 Mar 2026AY 2018-19

Bench: Shri George George K, Vice- & Shri Inturi Rama Raoआयकर अपील सं. / Ita No.4037/Chny/2025 "नधा"रण वष" / Assessment Year: 2018-19 C-2480 Elayanagaram Assessment Unit, Primary Agricultural V Nfac, Income Tax Cooperative Credit Society, S. Department, Elayanagaram, Tirupattur. Ito-Che-W- Pan: Aahfc7142G (146)(2), Chennai. Appellant Respondent Assessee By Mr. Shyam Sundar – Ca Revenue By Ms. V Awasthay – Jcit Date Of Hearing 17/02/2026 Date Of Pronouncement 11/03/2026 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax(Appeals)[Nfac] Delhi [‘The Cit(A)’] Passed Under Section 250 Of The Income Tax Act

Section 115BSection 139(1)Section 142(1)Section 144Section 147Section 148Section 250Section 250(6)Section 69Section 80P(2)(a)

corresponding penalty proceedings, and remit the matter back to the Assessing Officer for fresh consideration after verifying the records and affording due opportunity of being heard to the Appellant. 4  The Appellant craves leave to add, alter, amend or withdraw any of the above grounds at the time of hearing ... matter back to the file of ld.CIT(A) for denovo adjudication of the issues in appeal on merits after affording a reasonable opportunity of being heard to the appellant society. 8 9. In the result, appeal of the Assessee stands partly allowed for statistical purpose. Order pronounced on this 11th