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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

Bombay Tyres, Mumbai vs. Income Tax Officer -15(1)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 2393/MUM/2025[2017-18]Status: DisposedITAT Mumbai29 Oct 2025AY 2017-18

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2017-18 Bombay Tyres Vs Income-Tax Officer, 23, Arenja Corner, -15(1)(1), Sector-17, Vashi, Mumbai Navi Mumbai – 400703 [Pan: Aagcb1604E] Appellant Respondent Present For: Assessee : Shri Tanzil Padvekar & Shri Gopal Sharma, Advocates Revenue : Shri Leyaqat Ali Aafaqui, Sr. Dr Date Of Hearing : 06.08.2025 Date Of Pronouncement : 29.10.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2023-24/1057354062(1), Dated 26.10.2023 Passed Against The Assessment Order By National Faceless Assessment Centre, Delhi U/S.144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 28.06.2019 For Ay 2017-18. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1. Considering The Facts & Circumstances Of The Case & In Law, The National Faceless Appeal Centre (Nfac) Has Erred In Confirming The Order U/S. 144 R.W.S. 144A Dated 28Th June, 2019 Passed By The Assessing Officer Without Appreciating The Merits Of The Case.

For Appellant: Shri Tanzil Padvekar and Shri Gopal Sharma, AdvocatesFor Respondent: Shri Leyaqat Ali Aafaqui, Sr. DR
Section 144Section 250Section 44ASection 69A

case and in Law, the NFAC has erred in passing an order without considering the facts available on record and without providing adequate opportunity of being heard. 4. Considering the facts and circumstances of the case and in Law, the NFAC has passed impugned Order

Vijay Pal Gupta, Dwarka, Delhi vs. Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFAC)

The appeal of the assessee is allowed

ITA 5915/DEL/2025[2021-22]Status: DisposedITAT Delhi29 Oct 2025AY 2021-22

Bench: Shri Satbeer Singh Godaraassessment Year: 2020-21 Vs. Cit(A)/Nfac, Sh. Rajiv Kumar Wadhwa, 98-Lig Flat Dda, Flat Pocket New Delhi 3, Paschimpur, Paschim Vihar, West Delhi, Delhi Pan: Aaapw3032C (Appellant) (Respondent) Assessee By Sh. Rajiv Kumar Wadhwa (Assessee) Department By Sh. Manoj Kumar, Sr. Dr With Assessment Year: 2021-22 Sh. Vijay Pal Gupta, Vs. Ito, B-203, Swami Dayanand Ward-67(1), Apartments, Plot No.5, New Delhi Sector-6, Dwarka, Delhi Pan: Acopg6634J (Appellant) (Respondent) Assessee By Sh. Vijay Pal Gupta (Assessee) Department By Sh. Manoj Kumar, Sr. Dr Date Of Hearing 29.10.2025 Date Of Pronouncement 29.10.2025 Order The Instant Two Appeals Involve The Twin Assessees, Namely, Sh. Rajiv Kumar Wadhwa & Sh. Vijay Pal Gupta. They Have Filed

Section 10Section 143(1)

that there was enhancement in the income amounting by Rs.397100.00 and assessing total income at Rs 1188620.00 This was made without providing any opportunity of being heard as it appears that this addition was made by treating the employee as non-government employee although no specific reasons has been informed ... correct proposition as per principal of natural justice it becomes mandatory on the part of assessing officer to provide the opportunity of being heard however factually employer of the appellant is govt. therefore he is entitle for deduction of Rs 697000.00. 4. Kindly stay the demand. As disallowance has been

Rajiv Kumar Wadhwa, West Delhi vs. Commissioner of Income-Tax, National Faceless Appeal Centre (NFAC)

The appeal of the assessee is allowed

ITA 5897/DEL/2025[2020-21]Status: DisposedITAT Delhi29 Oct 2025AY 2020-21

Bench: Shri Satbeer Singh Godaraassessment Year: 2020-21 Vs. Cit(A)/Nfac, Sh. Rajiv Kumar Wadhwa, 98-Lig Flat Dda, Flat Pocket New Delhi 3, Paschimpur, Paschim Vihar, West Delhi, Delhi Pan: Aaapw3032C (Appellant) (Respondent) Assessee By Sh. Rajiv Kumar Wadhwa (Assessee) Department By Sh. Manoj Kumar, Sr. Dr With Assessment Year: 2021-22 Sh. Vijay Pal Gupta, Vs. Ito, B-203, Swami Dayanand Ward-67(1), Apartments, Plot No.5, New Delhi Sector-6, Dwarka, Delhi Pan: Acopg6634J (Appellant) (Respondent) Assessee By Sh. Vijay Pal Gupta (Assessee) Department By Sh. Manoj Kumar, Sr. Dr Date Of Hearing 29.10.2025 Date Of Pronouncement 29.10.2025 Order The Instant Two Appeals Involve The Twin Assessees, Namely, Sh. Rajiv Kumar Wadhwa & Sh. Vijay Pal Gupta. They Have Filed

Section 10Section 143(1)

that there was enhancement in the income amounting by Rs.397100.00 and assessing total income at Rs 1188620.00 This was made without providing any opportunity of being heard as it appears that this addition was made by treating the employee as non-government employee although no specific reasons has been informed ... correct proposition as per principal of natural justice it becomes mandatory on the part of assessing officer to provide the opportunity of being heard however factually employer of the appellant is govt. therefore he is entitle for deduction of Rs 697000.00. 4. Kindly stay the demand. As disallowance has been

Dwip Jain, Mathura vs. Income Tax Officer 1(3)(1), Mathura

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

ITA 392/AGR/2025[2016-17]Status: DisposedITAT Agra28 Oct 2025AY 2016-17

Bench: Shris.Rifaur Rahman & Shri Sunil Kumar Singhdwip Jain, Vs. Ito 1(3)(1), 1928-29, New Pani Ki Tanki, Mathura. Mohalla Shekhon, Kosi Kalan, Mathura – 281 403 (Uttar Pradesh). (Pan : Arrpj3455E) (Appellant) (Respondent) Assessee By : Shri M.M. Agarwal, Ca Revenue By : Shri Shailendra Srivastava, Sr.Dr Date Of Hearing : 15.10.2025 Date Of Order : 28.10.2025 Order Per S. Rifaur Rahman, Am : 1. This Appeal Is Filed By The Assessee Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [For Short ‘Ld. Cit (A)] Dated 18.07.2025 For Assessment Year2016-17. 2. At The Time Of Hearing, Ld. Ar For The Assessee Brought To Our Notice That The Ld. Cit (A) Decided The Issue Against The Assessee By Observing That 2 Assessee Has Not Pursued The Appeal Despite Being Granted Several Opportunities & The Details Are Given In The First Appellate Order & By Relying On Several Decisions, He Dismissed The Appeal In Limine. He Submitted That Ld. Cit (A) Has Not Decided The Issue On Merit & Prayed That This Issue May Be Remitted Back To The Ld. Cit(A) With The Prayer To Give An Opportunity Of Being Heard To The Assessee. He Submitted That There Are Reasons For Assessee For Not Appearing Before The First Appellate Authority.

For Appellant: Shri M.M. Agarwal, CAFor Respondent: Shri Shailendra Srivastava, Sr.DR

issue on merit and prayed that this issue may be remitted back to the ld. CIT(A) with the prayer to give an opportunity of being heard to the assessee. He submitted that there are reasons for assessee for not appearing before the first appellate authority. 3. On the other ... parte. In our considered view and in the interest of justice, we are of the opinion that assessee should be given one more opportunity of being heard on merit. Therefore, we restore the matter to the file of ld. CIT (A) and direct to decide the issue on merit

Mohd Nadeem Qureshi, Jhansi vs. ITO, Ward (2)(3)(5), Jhansi

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

ITA 382/AGR/2025[2018-2019]Status: DisposedITAT Agra28 Oct 2025AY 2018-2019

Bench: Shri S.Rifaur Rahman & Shri Sunil Kumar Singhmohd. Nadeem Qureshi, Vs. Ito, Ward (2)(3)(5), Hn – 56/1, Out Sade, Orcha Gate, Jhansi. Jhansi – 284 002 (Uttar Pradesh). (Pan : Aarpq3548E) (Appellant) (Respondent) Assessee By : Ms. Prarthana Jalan, Ca Revenue By : Shri Shailendra Srivastava, Sr. Dr Date Of Hearing : 14.10.2025 Date Of Order : 28.10.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 27.05.2025 For The Assessment Year 2018-19. 2. At The Outset, It Was Submitted By The Ld. Ar For The Assessee That Assessing Officer Has Passed The Assessment Order Under Section 147 R.W.S. 144 Of The Income-Tax Act, 1961 (For Short ‘The Act’) Without Giving Proper Opportunity To The Assessee & Ld. Cit(A) Affirmed The 2 Action Of The Ao. Accordingly, He Prayed That The Matter May Be Restored Back To The Assessing Officer To Decide Afresh. Ld. Dr Relied Upon The Order Of The Authorities Below. 3. Considered The Rival Submissions & Perused The Material On Record. Upon Careful Consideration, We Are Of The Considered View That In The Interest Of Justice, The Matter Requires Denovo Assessment. Therefore, We Remit Back The Issues To The File Of The Assessing Officer With The Direction To Decide The Same Afresh, After Giving Adequate Opportunity Of Being Heard To The Assessee, For Which Ld. Dr Has No Objection. Assessee Is Directed To Fully Cooperate With The Ao During The Proceedings. We Hold & Direct Accordingly. 4. In The Result, The Appeal Filed By The Assessee Is Allowed For Statistical Purposes. Order Pronounced In The Open Court On This 28Th Day Of October, 2025. Sd/- (Sunil Kumar Singh)Dated: 28.10.2025 Ts

For Appellant: Ms. Prarthana Jalan, CAFor Respondent: Shri Shailendra Srivastava, Sr. DR
Section 147

remit back the issues to the file of the Assessing Officer with the direction to decide the same afresh, after giving adequate opportunity of being heard to the assessee, for which Ld. DR has no objection. Assessee is directed to fully cooperate with the AO during the proceedings. We hold