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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

Thakur Roshan Singh, Bareilly vs. ITO (Exemption) Ward, Bareilly

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

ITA 530/LKW/2024[2018-19]Status: DisposedITAT Lucknow24 Nov 2025AY 2018-19

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2018-19 Thakur Roshan Singh, Smirti Sansthan, Vs. Income Tax Officer Vill Chathiya Faizu, Shahpur, Baniyan (Exemption), Ward, Bareilly Faridpur, Bareilly Pan: Aabat8692F (Appellant) (Respondent) Assessee By: Ms. Gurneet Kaur, Adv Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 04.11.2025 Date Of Pronouncement: 24.11.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Dated 4.07.2024, Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Order Under Section 143(3) Of The Income Tax Act, 1961 Dated 16.04.2021. The Grounds Of Appeal Are As Under: - “1. Because, On The Facts & In The Circumstances Of The Case, The Ld. Commissioner Of Income Tax (Appeals) Has Erred In Fact & In Law In Confirming The Disallowance Made By Assessing Officer Rs. 60,20,000/- As Building Expenditure For Charitable Purposes, Arbitrarily Rejecting The Explanation Furnished By The Assessee. 2. Because, On The Facts & In The Circumstances Of The Case, The Ld. Commissioner Of Income Tax (Appeals) Has Erred In Fact & In Law That Such College Is Being Constructed & Run In The Remote Village Where In Due To Various Exigencies & Not Availability Of The Banking Facilities, Payments Are Made In Cash. 3. Because, On The Facts & In The Circumstances Of The Case, The Ld. Commissioner Of Income Tax (Appeals) Has Erred In Fact & In Law That The Payments Of Construction Had Made Not Being Rejected By The Ld. Ao. However, Due To Ongoing Work It Is A General Practice To Obtain Bills/Settlement Receipts Only On Finalization Of The Work, The Ld. Ao Has Arbitrarily Rejected The Same.

For Appellant: Ms. Gurneet Kaur, AdvFor Respondent: Sh. R.R.N. Shukla, Addl CIT DR
Section 143(3)

circumstance of the case, the order of Assessment has been passed in absolute violation of the principles of Natural Justice, without providing adequate opportunity of being heard and therefore deserves to be declared a nullity. 6. The appellant craves for leave to add, modify, amend or delete any other

Vaghmi Foundation, Pune vs. CIT(E), Pune

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

ITA 1978/PUN/2025[NA]Status: DisposedITAT Pune24 Nov 2025

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.1977 & 1978/Pun/2025 निर्धारण वषा / Assessment Year: - Vaghmi Foundation, V The Cit Exemption, Property No.6, City Corner, S. Pune. Tingre Nagar, Pune – 411032. Maharashtra. Pan: Aagcv7386P Appellant/ Assessee Respondent / Revenue Assessee By Shri Kishor B Phadke Revenue By Shri Amit Bobde – Cit(Dr) Date Of Hearing 20/11/2025 Date Of Pronouncement 24/11/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Exemption), Pune Rejecting The Application For Grant Of Registration U/S.12A R.W.S 12Ab & 80G(5) Of The Income Tax Act, 1961(Hereinafter Referred To As „The Act‟) Dated 30.09.2022 & 22.11.2024 Respectively. For The Sake Of Convenience, These Two Appeals Were Heard Together & Are Being Disposed Of By This Common Order. We Treat The Appeal In

Section 12ASection 12A(1)(ac)Section 80G

vide order dated 30/09/2022 2. The learned CIT Exemption, Pune erred in law and on facts in not providing reasonable opportunity of being heard to the appellant, as provided u/s 12AB of the ITA, 1961, to submit the details / information. Appellant undertakes to submit all the details/information required ... learned CIT Exemption, Pune if granted another opportunity of being heard. 3. The learned CIT Exemption, Pune; ought to have appreciated that appellant's activities are genuine and bonafide, and as such, eligible for registration u/s 12A of ITA, 1961. 4. Appellant craves leave to add, alter, clarify, explain, modify

Vaghmi Foundation, Pune vs. CIT(E), Pune

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

ITA 1977/PUN/2025[NA]Status: DisposedITAT Pune24 Nov 2025

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.1977 & 1978/Pun/2025 निर्धारण वषा / Assessment Year: - Vaghmi Foundation, V The Cit Exemption, Property No.6, City Corner, S. Pune. Tingre Nagar, Pune – 411032. Maharashtra. Pan: Aagcv7386P Appellant/ Assessee Respondent / Revenue Assessee By Shri Kishor B Phadke Revenue By Shri Amit Bobde – Cit(Dr) Date Of Hearing 20/11/2025 Date Of Pronouncement 24/11/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Exemption), Pune Rejecting The Application For Grant Of Registration U/S.12A R.W.S 12Ab & 80G(5) Of The Income Tax Act, 1961(Hereinafter Referred To As „The Act‟) Dated 30.09.2022 & 22.11.2024 Respectively. For The Sake Of Convenience, These Two Appeals Were Heard Together & Are Being Disposed Of By This Common Order. We Treat The Appeal In

Section 12ASection 12A(1)(ac)Section 80G

vide order dated 30/09/2022 2. The learned CIT Exemption, Pune erred in law and on facts in not providing reasonable opportunity of being heard to the appellant, as provided u/s 12AB of the ITA, 1961, to submit the details / information. Appellant undertakes to submit all the details/information required ... learned CIT Exemption, Pune if granted another opportunity of being heard. 3. The learned CIT Exemption, Pune; ought to have appreciated that appellant's activities are genuine and bonafide, and as such, eligible for registration u/s 12A of ITA, 1961. 4. Appellant craves leave to add, alter, clarify, explain, modify

Devtech M2M Limited, Pune vs. DCIT, Central Circle - 1(1), Pune

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

ITA 1230/PUN/2025[2014-15]Status: DisposedITAT Pune24 Nov 2025AY 2014-15

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1230/Pun/2025 िनधा"रण वष" / Assessment Year : 2014-15 Devtech M2M Limited, Vs. Dcit, Central Circle- 4Th Floor, Sava House, Opp. 1(1), Pune. New Airport Road, Viman Nagar, Pune- 411014. Pan : Aadcb4376Q Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Uodol Raj Singh Date Of Hearing : 13.11.2025 Date Of Pronouncement : 24.11.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18.03.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2014-15. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Cit(A)-Nfac (Hereinafter Referred As Cit(A)) Erred In Law & On Facts In Upholding The Assessment Order Passed By Learned Ao-Nfac (Hereinafter Referred To As Learned Ao) Thereby Assessing The Total Income Of The Appellant At Rs.2,22,00,000 As Against Nil Returned Income. 2. Learned Cit(A) Ought To Have Granted An Appropriate Opportunity Of Being Heard To The Appellant For Making Requisite

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Uodol Raj Singh
Section 142(1)Section 147Section 148Section 151Section 69A

appellant at Rs.2,22,00,000 as against NIL returned income. 2. Learned CIT(A) ought to have granted an appropriate opportunity of being heard to the appellant for making requisite 2 submission considering the principle of natural justice. The appellant intends to make all the requisite submissions along with

Birlasoft Limited, Pune vs. DCIT, Circle 8, Pune

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

ITA 1116/PUN/2023[2018-19]Status: DisposedITAT Pune24 Nov 2025AY 2018-19

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19 Birlasoft Limited Dcit, Circle – 8, Pune 35 & 36, Rajiv Gandhi Infotech Vs. Park, Phase-1, Midc, Hinjawadi, Pune – 411057 Pan: Aaack7308N (Appellant) (Respondent) Assessee By : Shri Kishor B Phadke Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 30-09-2025 Date Of Pronouncement : 24-11-2025 O R D E R Per R.K. Panda, V.P: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.08.2023 Of The Ld. Cit(A) / Nfac, Delhi Relating To Assessment Year 2018-19. 2. Facts Of The Case, In Brief, Are That The Assesse Is A Public Limited Company & Is Engaged In The Business Of Computer & Software Services. It Filed Its Return Of Income On 29.11.2018 Declaring Total Income Of Rs.95,13,15,400/-. The Return Was Processed By The Cpc & An Intimation U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Was Passed On 25.01.2021 Determining The Total Income At Rs.1,00,23,03,750/-. The Case Was Selected For Complete Scrutiny Assessment Under The E-Assessment Scheme, 2019 On The Following Issues:

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amol Khairnar, CIT-DR
Section 10ASection 10A(3)Section 143(1)Section 143(2)Section 27Section 36(1)(va)Section 51Section 80ISection 90

substantiate its case and decide the issue as per fact and law. Needless to say the Ld. CIT(A) / NFAC shall give due opportunity of being heard to the assessee. The grounds of appeal No.2 and 3 raised by the assessee are accordingly allowed for statistical purposes. 21. Ground ... file of the Ld. CIT(A) / NFAC with a direction to adjudicate the issue as per fact and law after providing due opportunity of being heard to the assessee. We hold and direct accordingly. The grounds of appeal No.7 and 8 are accordingly allowed for statistical purposes