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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

Kineta Global Limited, Hyderabad vs. DCIT., Circle-2(1), Hyderabad

In the result, the appeal filed by the assessee company is allowed in terms of our aforesaid observations

ITA 800/HYD/2025[2018-19]Status: DisposedITAT Hyderabad19 Nov 2025AY 2018-19

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.800/Hyd/2025 (निर्धारण वर्ा/Assessment Year: 2018-19) Kineta Global Limited, Vs. Deputy Commissioner Hyderabad. Of Income Tax, Circle-2(1), Pan: Aacck7944A Hyderabad. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Sri S. Venkateswarlu, Tax Consultant रधजस् व द्वधरध/Revenue By: Dr. Narendra Kumar Naik, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 12/11/2025 घोर्णध की तधरीख/Date Of 19/11/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Company Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 03/03/2025, Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 147 R.W.S 144B Of The Income-Tax Act, 1961 (For Short, “Act”) Dated 21/02/2024 For The Assessment Year 2018-19. The Assessee Company

For Appellant: Sri S. VenkateswarluFor Respondent: Dr. Narendra Kumar Naik
Section 147Section 148Section 148ASection 151Section 151ASection 250(6)

approval of specified authority, with respect to the information which suggests that the income chargeable to tax has escaped assessment; (b) provide an opportunity of being heard to the assessee, with the prior approval of specified authority, by serving upon him a notice to show cause within such time ... approval of specified authority, with respect to the information which suggests that the income chargeable to tax has escaped assessment; (ii) provide an opportunity of being heard to the assessee, with the prior approval of specified authority; (iii) consider the reply of the assessee furnished, if any, in response

Indian Institute of Health and Family Welfare, India vs. ITO., Exemption Ward-1(2), Hyderabad

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

ITA 726/HYD/2025[2021-22]Status: DisposedITAT Hyderabad19 Nov 2025AY 2021-22

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.726/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2021-22) Indian Institute Of Health Vs. Income Tax Officer & Family Welfare, (Exemption), Ward-1(2) Hyderabad Hyderabad Pan:Aaaai0326A (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: N O N E राज" व "ारा/Revenue By:: Shri Rakesh Chintagumpula, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 11/11/2025 घोषणा की तारीख/Pronouncement: 19/11/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Indian Institute Of Health & Family Welfare (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Addl/Jcit (A)-2, Chandigarh (“Ld. First Appellate Authority)” Dated 27.02.2025 For The A.Y 2021-22. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: N O N EFor Respondent: : Shri Rakesh Chintagumpula
Section 10Section 11Section 143(1)

novo adjudication of the issue in terms of our observations. It is needless to mention that the Ld. AO shall provide adequate opportunity of being heard to the assessee. The assessee is also directed to cooperate in the remand proceedings without seeking any unnecessary adjournments. 12. In the result

Arul Sundaram, Hyderabad vs. ITO., Ward-12(1), Hyderabad

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

ITA 1276/HYD/2025[2016-17]Status: DisposedITAT Hyderabad19 Nov 2025AY 2016-17

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1276/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Shri Arul Sundaram Vs. Income Tax Officer Hyderabad Ward 12(1) Pan:Awaps1005P Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate H Srinivasulu राज" व "ारा/Revenue By:: Shri R. Kumaran, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 12/11/2025 घोषणा की तारीख/Pronouncement: 19/11/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Arul Sundaram (“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 27.01.2025 For The A.Y. 2016-17. 2. At The Outset, It Is Observed That There Is A Delay Of 129 Days In Filing Of The Appeal Before This Tribunal. The Assessee Has Filed A Condonation Petition Along With A Copy Of The Affidavit

For Appellant: Advocate H SrinivasuluFor Respondent: : Shri R. Kumaran, Sr. DR
Section 144BSection 147

file of the Ld. AO for de novo adjudication of the issue as per law. The Ld. AO is directed to provide adequate opportunity of being heard to the assessee. The assessee shall be at liberty to file Page 5 of 6 ITA No 1276 of 2025 Arul Sundaram

Sampath Reddy Vem, Warangal vs. ITO., Ward-1, Warangal

In the result, the appeal in ITA No

ITA 1230/HYD/2025[2014-15]Status: DisposedITAT Hyderabad19 Nov 2025AY 2014-15

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1229 & 1230/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2014-15) Shri Sampath Reddy Vem Vs. Income Tax Officer Warangal Ward-1 Pan:Adfpv3598L Warangal (Respondent) िनधा""रती "ारा/Assessee By: Shri K.A. Sai Prasad, Ca राज" व "ारा/Revenue By:: Shri R. Kumaran, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 12/11/2025 घोषणा की तारीख/Pronouncement: 19/11/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: Theses Appeals Are Filed By Shri Sampath Reddy Vem (“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 23.05.2025 & 24.05.2025 Respectively For The A.Y 2014-15. As Both The Appeals Are Related To The Same Assessee Therefore, For The Purpose Of Convenience & Brevity, These Two Appeals Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri K.A. Sai Prasad, CAFor Respondent: : Shri R. Kumaran, Sr. DR
Section 143(3)Section 44A

before the Ld. AO also, the matter may be restored to the file of the Ld. AO for fresh adjudication, after granting proper opportunity of being heard. Page 4 of 8 ITA No 1229 and 1230 of 2025 Sampath Reddy Vem 7. Per contra, the Learned Departmental Representative ... file of the Ld. AO for de novo adjudication in accordance with law. The Ld. AO shall provide the assessee with adequate opportunity of being heard. The assessee shall be at liberty to file all relevant evidences, documents and submissions in support of his claim. The assessee is also directed

Sampath Reddy Vem, Warangal vs. ITO., Ward - 1, Warangal

In the result, the appeal in ITA No

ITA 1229/HYD/2025[2014-15]Status: DisposedITAT Hyderabad19 Nov 2025AY 2014-15

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1229 & 1230/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2014-15) Shri Sampath Reddy Vem Vs. Income Tax Officer Warangal Ward-1 Pan:Adfpv3598L Warangal (Respondent) िनधा""रती "ारा/Assessee By: Shri K.A. Sai Prasad, Ca राज" व "ारा/Revenue By:: Shri R. Kumaran, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 12/11/2025 घोषणा की तारीख/Pronouncement: 19/11/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: Theses Appeals Are Filed By Shri Sampath Reddy Vem (“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 23.05.2025 & 24.05.2025 Respectively For The A.Y 2014-15. As Both The Appeals Are Related To The Same Assessee Therefore, For The Purpose Of Convenience & Brevity, These Two Appeals Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri K.A. Sai Prasad, CAFor Respondent: : Shri R. Kumaran, Sr. DR
Section 143(3)Section 44A

before the Ld. AO also, the matter may be restored to the file of the Ld. AO for fresh adjudication, after granting proper opportunity of being heard. Page 4 of 8 ITA No 1229 and 1230 of 2025 Sampath Reddy Vem 7. Per contra, the Learned Departmental Representative ... file of the Ld. AO for de novo adjudication in accordance with law. The Ld. AO shall provide the assessee with adequate opportunity of being heard. The assessee shall be at liberty to file all relevant evidences, documents and submissions in support of his claim. The assessee is also directed

Lintas India Private Limited, Mumbai vs. DCIT, Circle 16(1), Mumbai

The appeal of the assessee is partly allowed for statistical purposes

ITA 5889/MUM/2024[2021-22]Status: DisposedITAT Mumbai19 Nov 2025AY 2021-22

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2021-22 M/S. Lintas India Private Assessment Unit, Limited, Income Tax Department Or A Wing, 16Th Floor, Deputy Commissioner Of Parinee Crescenzo, Income Tax, Bandra-Kurla Complex, Circle 16(1), Bandra (East), 1) National Faceless Mumbai – 400 051 Assessment Centre (Nafac), Vs. Pan: Aaacl0124F Delhi 2)Aayakar Bhawan, Maharshi Karve Road, New Marine Lines, Churchgate, Mumbai – 400020 (Appellant) (Respondent) Present For: Assessee By : Shri Ajit Jain, Ld. A.R. Shri Karnik Kansara, Ld. A.R Ms. Neha Rai, Ld. A.R. Ms. Sakshi Chimanani, Ld. A.R. Revenue By : Shri Kiran Unavekar, Ld. Sr. D.R. Date Of Hearing : 22.08.2025 Date Of Pronouncement : 19.11.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 15.05.2023, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax (Dispute Resolution Panel-1) (In Short Ld. Commissioner) U/S 144C(5) Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2021-22. 2 M/S. Lintas India Private Limited

For Appellant: Shri Ajit Jain, Ld. A.RFor Respondent: Shri Kiran Unavekar, Ld. Sr. D.R
Section 144Section 144CSection 144C(5)Section 92C

which have been considered. No additional submissions have been made before us. In any case, the assessee has been provided due opportunity to be heard before us and the issue has been discussed in detail. Accordingly, we reject the above contentions raised by the assessee. 10 M/s. Lintas India Private ... marking already done by the assessee afresh and decide in accordance with law. Needless to say that the assessee be given a reasonable opportunity of being heard. It is ordered accordingly. 19. The AO/TPO is directed to re-compute the ALP in accordance with the directions given in this order

Infres Methodex Private Limited, Delhi vs. Assistant Commissioner of Income Tax, Circle 12(1), Delhi

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

ITA 449/DEL/2025[2017-18]Status: DisposedITAT Delhi19 Nov 2025AY 2017-18

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2017-18] Infres Methodex Pvt. Ltd. Vs Acit Block-B-1, Plot No.D-7, Circle-12(1) Mohan Co-Operative Delhi Industrial Estate, Mathura Road, New Delhi-110044 Pan-Aabci1964R Appellant Respondent Assessee By Shri Rahul Kant, Ca Revenue By Shri Rajesh Kumar Dhanesta, Sr.Dr Date Of Hearing 19.11.2025 Date Of Pronouncement 19.11.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 28.11.2024 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Cit(A), Delhi-4/10728/2019-20 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of The Assessment Order Dated 23.12.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That Assessee Filed Its Return Of Income On 29.10.2017, Declaring Total Income At Inr 22,86,60,530/-. The Assessee Is Engaged In The Business Of Manufacturing & Marketing Of Currency Counting Machines & Verifiers & Paper Shredders Etc. The Case Of The Assessee Was Selected For Scrutiny & The Ao Has Made The Disallowance Of Inr 22,91,385/- U/S 14A Of The Act. Besides This, The Disallowance Of Inr 14,82,901/- Is Made Out Of Payment Made To Clubs & Inr 31,57,057/- Were Disallowed Out Of Travelling & Conveyance Expenses. The Ao Also Made Addition Of Inr 2,02,76,999/- On Account Of Custom Duty Paid By Holding The Same As Unexplained Expenditure.

Section 143(3)Section 14ASection 250Section 37Section 69C

found to be correct, no addition is required to be made on this score. Needless to say that the assessee be allowed reasonable opportunity of being heard. With these directions, Ground of appeal No.4 raised by the assessee is partly allowed for statistical purposes. 16. In the result, appeal