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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

Ziaul Hasan, Uttar Pradesh vs. Income Tax Officer Ward 4(3)(1), Etah

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

ITA 381/AGR/2025[2012-13]Status: DisposedITAT Agra28 Oct 2025AY 2012-13

Bench: Shri S.Rifaur Rahman & Shri Sunil Kumar Singhziaul Hasan, Vs. Ito, Ward 4(3)(1), 20/4, Chatta Jalesar, Etah. S.O. Etah, Etah – 207 302 (Uttar Pradesh). (Pan : Aaepq4523A) (Appellant) (Respondent) Assessee By : Shri Tarun Gupta, Advocate Shri Gurfan Ahmad, Advocate Revenue By : Shri Shailendra Srivastava, Sr. Dr Date Of Hearing : 13.10.2025 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 30.05.2025 For The Assessment Year 2012-13. 2. At The Time Of Hearing, Ld. Ar For The Assessee Submitted That There Was A Delay Of 1394 Days In Filing The Appeal Before The Ld. Cit (A) & The Ld. Cit (A) Dismissed The Appeal Of The Assessee On The Ground Of An 2 Inordinate Delay Of 1394 Days & The Ld. Cit (A) Erroneously Presumed That The Order Was Served Electronically Despite The Fact That : (I) The Ruder Was Passed Manually & Does Not Bear Any Document Identification Number (Din); (Ii) The Assessment Proceedings Were Also Conducted Manually & Not Through The Income Tax E-Portal; (Iii) No Notices Were Served To The Assessee During The Course Of Assessment Proceedings; (Iv) The Order Was Not Served By Any Known Mode Of Communication Prescribed Under The Act.

For Appellant: Shri Tarun Gupta, AdvocateFor Respondent: Shri Shailendra Srivastava, Sr. DR

Further, we restore the matter to the file of the Assessing Officer to redo the assessment afresh as per law, after giving an opportunity of being heard to the assessee. We also direct assessee to make proper submissions and appear before the Assessing Officer on the date of hearing

Talha Ahmad, Aligarh vs. DCIT, Circle-4(1)(1), Aligarh

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

ITA 376/AGR/2025[2020-21]Status: DisposedITAT Agra28 Oct 2025AY 2020-21

Bench: Shri S.Rifaur Rahman & Shri Sunil Kumar Singhtalha Ahmad, Vs. Dcit, Circle 4(1)(1), Ameen Pardhan Wali Gali, Agra. Doharra, Aligarh – 202 001 (Uttar Pradesh). (Pan : Bhapa6050J) (Appellant) (Respondent) Assessee By : Ms. Meetakshi Rastogi, Ca Revenue By : Shri Shailendra Srivastava, Sr. Dr Date Of Hearing : 13.10.2025 Date Of Order : 28.10.2025 O R D E R Per S. Rifaur Rahman, Accountatn Member : 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 13.05.2025 For The Assessment Year 2020-21. 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 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 & Dismissed The Appeal In Limine. He Submitted That Ld. Cit (A) Has Not Decided

For Appellant: Ms. Meetakshi Rastogi, 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 ... relying on the order of Assessing Officer ex-parte. Therefore, in the interest of justice, we direct ld. CIT (A) to give an opportunity of being heard to the assessee and decide the issue on merit as per law. We also direct assessee to make proper submissions and appear before

Jitendra Basrani, Agra vs. Income Tax Officer, Agra

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

ITA 374/AGR/2025[2016-17]Status: DisposedITAT Agra28 Oct 2025AY 2016-17

Bench: Shri S.Rifaur Rahman & Shri Sunil Kumar Singhjitendra Basrani, Vs. Ito, Ward 2(1)(1), A – 774, Kamla Nagar, Agra. Agra – 282 005 (Uttar Pradesh). (Pan : Ajrpb9552A) (Appellant) (Respondent) Assessee By : Shri Alok Sursiya, Ca Revenue By : Shri Shailendra Srivastava, Sr. Dr Date Of Hearing : 13.10.2025 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 31.05.2025 For The Assessment Year 2016-17. 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 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 & Dismissed The Appeal In Limine. He Submitted That Ld. Cit

For Appellant: Shri Alok Sursiya, 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 ... relying on the order of Assessing Officer ex-parte. Therefore, in the interest of justice, we direct ld. CIT (A) to give an opportunity of being heard to the assessee and decide the issue on merit as per law. We also direct assessee to make proper submissions and appear before

Chelaram Balwani, Rathi Building Ke Pass vs. Commissioner of Income Tax (Appeals), Delhi

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

ITA 194/AGR/2025[2013-14]Status: DisposedITAT Agra28 Oct 2025AY 2013-14

Bench: Shri S.Rifaur Rahman & Shri Sunil Kumar Singhshri Chelaram Balwani, Vs. Ito, Ward 1 (3), Rathi Building Ke Pass, Gwalior. Ward No.8, Ajay Pal Ki Gali, Datia, Gwalior – 475 661 (Madhya Pradesh). (Pan : Aynpb7221P) (Appellant) (Respondent) Assessee By : Shri Alok Dhingra, Advocate Revenue By : Shri Shailendra Srivastava, Sr. Dr Date Of Hearing : 14.10.2025 Date Of Order : 16.10.2025 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 10.01.2024 For The Assessment Year 2013-14. 2. At The Time Of Hearing, Ld. Ar Of The Assessee Brought To Our Notice That There Is A Delay Of 395 Days In Filing The Appeal Before The Tribunal On The Ground That The Order Was Communicated Via Portal & The Registered Mail Id I.E. 71Nkkhare@Gmail.Com On The Income Tax Portal Does Not Belong To The Assessee, It Might Have Been Of Erstwhile Consultant Who

For Appellant: Shri Alok Dhingra, AdvocateFor 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