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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

Singla Apparels Private Limited, Gandhi Nagar vs. Income Tax Officer, Delhi

In the result, the appeal of the assessee is allowed

ITA 5163/DEL/2024[2017-18]Status: DisposedITAT Delhi17 Nov 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal[Assessment Year : 2017-18] Singla Apparels Pvt.Ltd. Vs Ito House No.17, Street No.2, Ward Shankar Nagar, Gandhi Nagar, C.R. Building, Ito Krishan Nagar, Delhi-110051. I.P.Estate Pan-Aajcs3628L New Delhi-110002 Appellant Respondent [Assessment Year : 2017-18] Singla Apparels Pvt.Ltd. Vs Ito 7244, Mahavir Gali Ward Gandhi Nagar, Delhi-1100531. C.R. Building, Ito Pan-Aajcs3628L I.P.Estate New Delhi-110002 Appellant Respondent Appellant By Shri Salil Kapoor, Adv. & Shri Utkarsa Gupta, Adv. Respondent By Shri Manish Gupta, Sr.Dr Date Of Hearing 17.11.2025 Date Of Pronouncement 17.11.2025 Order Per Manish Agarwal, Am : The Captioned Appeals Are Filed By Assessee Against The Separate Orders Dt.11.06.2024 & 12.08.2024 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] In Appeal No. Cit(A), Delhi-8/10554/2019-20 & In Appeal No. Nfac/2016-17/10058210 Respectively, Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 31.12.2019 Passed U/S 143(3) Of The Act & Penalty

Section 142(1)Section 143(2)Section 143(3)Section 156Section 250Section 271ASection 69A

assessee is that it had maintained regular books of accounts and the AO has invoked the provision of section 145(3) without providing opportunity of being heard to the assessee. After considering the overall facts and circumstances of the case, we are of the considered opinion that the claim

Singla Apparels Pvt Ltd, Gandhi Nagar vs. Income Tax Officer, Ward

In the result, the appeal of the assessee is allowed

ITA 3445/DEL/2024[2017-18]Status: DisposedITAT Delhi17 Nov 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal[Assessment Year : 2017-18] Singla Apparels Pvt.Ltd. Vs Ito House No.17, Street No.2, Ward Shankar Nagar, Gandhi Nagar, C.R. Building, Ito Krishan Nagar, Delhi-110051. I.P.Estate Pan-Aajcs3628L New Delhi-110002 Appellant Respondent [Assessment Year : 2017-18] Singla Apparels Pvt.Ltd. Vs Ito 7244, Mahavir Gali Ward Gandhi Nagar, Delhi-1100531. C.R. Building, Ito Pan-Aajcs3628L I.P.Estate New Delhi-110002 Appellant Respondent Appellant By Shri Salil Kapoor, Adv. & Shri Utkarsa Gupta, Adv. Respondent By Shri Manish Gupta, Sr.Dr Date Of Hearing 17.11.2025 Date Of Pronouncement 17.11.2025 Order Per Manish Agarwal, Am : The Captioned Appeals Are Filed By Assessee Against The Separate Orders Dt.11.06.2024 & 12.08.2024 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] In Appeal No. Cit(A), Delhi-8/10554/2019-20 & In Appeal No. Nfac/2016-17/10058210 Respectively, Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 31.12.2019 Passed U/S 143(3) Of The Act & Penalty

Section 142(1)Section 143(2)Section 143(3)Section 156Section 250Section 271ASection 69A

assessee is that it had maintained regular books of accounts and the AO has invoked the provision of section 145(3) without providing opportunity of being heard to the assessee. After considering the overall facts and circumstances of the case, we are of the considered opinion that the claim