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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

Chungath Varghese Sunny, Coimbatore vs. DCIT, CC-3(3), Chennai

ITA 1808/CHNY/2025[2019-20]Status: DisposedITAT Chennai28 Oct 2025AY 2019-20

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.:1801 To 1805/Chny/2025 & 1806 To 1810/Chny/2025 निर्धारण वर्ष / Assessment Years: 2017-18 To 2021 -22 & 2017-18 To 2021-22 Chungath Varghese Sunny, 275-276, Cross Cut Road, Gandhipuram, Coimbatore – 641 012. [Pan:Ageps-1475-K] (अपीलार्थी/Appellant) Vs. Dcit, Central Circle -3(3), Chennai. (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/Appellant By : Shri. S. Sridhar, Advocate (Erode) प्रत्यर्थी की ओर से /Respondent By : Shri. Shiva Srinivas, Cit सुनवाई की तारीख/Date Of Hearing : 17.09.2025 घोषणा की तारीख/Date Of Pronouncement : 28.10.2025 आदेश /O R D E R Per Bench: These Ten Appeals Of The Assessee Are Directed Against The Different Orders Of The Learned Commissioner Of Income Tax (Appeals), Chennai 20 [Hereinafter Referred To As The “Id.Cit(A)”] Arising Out Of The Orders Passed By The Deputy Commissioner Of Income Tax, Central Circle – 3(3), Chennai [Hereinafter Referred To As The “Ao”], U/S.153C R.W.S 143(3)/143(3)/270A Of The Income-Tax Act, 1961 [Hereinafter Referred To As The “Act”] For The Assessment Years (“Ay/Ays”) 2017-18 To 2021-22. These Appeals Bearing Ita Nos.1801 To 1805/Chny/2025 Pertain To The Assessment Orders Passed U/S.153C R.W.S.143(3)/143(3) Of The Act, Whereas The Appeals Bearing Ita Nos.1806 To 1810/Chny/2025 Pertain To The Penalty Orders Passed U/S.270A Of The Act. 2. Since The Issues Involved In All The Five Assessment Years Under Consideration Are Identical In Nature & The Arguments Advanced By Both The Parties Are Common, All These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience & Brevity. We Shall First Address The Quantum Assessments.

For Appellant: Shri. S. Sridhar, Advocate (Erode)For Respondent: Shri. Shiva Srinivas, CIT
Section 131Section 132Section 132(4)Section 143(2)Section 153CSection 270A

should not be made under section 270A of the Income Tax Act, 1961. If you do not wish to avail yourself of this opportunity of being heard in person or through authorised representative, you may show cause in writing on or before the said date which will be considered before

Chungath Varghese Sunny, Coimbatore vs. DCIT, CC-3(3), Chennai

ITA 1802/CHNY/2025[2018-19]Status: DisposedITAT Chennai28 Oct 2025AY 2018-19

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.:1801 To 1805/Chny/2025 & 1806 To 1810/Chny/2025 निर्धारण वर्ष / Assessment Years: 2017-18 To 2021 -22 & 2017-18 To 2021-22 Chungath Varghese Sunny, 275-276, Cross Cut Road, Gandhipuram, Coimbatore – 641 012. [Pan:Ageps-1475-K] (अपीलार्थी/Appellant) Dcit, Vs. Central Circle -3(3), Chennai. (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/Appellant By : Shri. S. Sridhar, Advocate (Erode) प्रत्यर्थी की ओर से /Respondent By : Shri. Shiva Srinivas, Cit सुनवाई की तारीख/Date Of Hearing : 17.09.2025 घोषणा की तारीख/Date Of Pronouncement : 28.10.2025 आदेश /O R D E R Per Bench: These Ten Appeals Of The Assessee Are Directed Against The Different Orders Of The Learned Commissioner Of Income Tax (Appeals), Chennai 20 [Hereinafter Referred To As The “Id.Cit(A)”] Arising Out Of The Orders Passed By The Deputy Commissioner Of Income Tax, Central Circle – 3(3), Chennai [Hereinafter Referred To As The “Ao”], U/S.153C R.W.S 143(3)/143(3)/270A Of The Income-Tax Act, 1961 [Hereinafter Referred To As The “Act”] For The Assessment Years (“Ay/Ays”) 2017-18 To 2021-22. These Appeals Bearing Ita Nos.1801 To 1805/Chny/2025 Pertain To The Assessment Orders Passed U/S.153C R.W.S.143(3)/143(3) Of The Act, Whereas The Appeals Bearing Ita Nos.1806 To 1810/Chny/2025 Pertain To The Penalty Orders Passed U/S.270A Of The Act. 2. Since The Issues Involved In All The Five Assessment Years Under Consideration Are Identical In Nature & The Arguments Advanced By Both The Parties Are Common, All These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience & Brevity. We Shall First Address The Quantum Assessments.

For Appellant: Shri. S. Sridhar, Advocate (Erode)For Respondent: Shri. Shiva Srinivas, CIT
Section 131Section 132Section 132(4)Section 143(2)Section 153CSection 270A

should not be made under section 270A of the Income Tax Act, 1961. If you do not wish to avail yourself of this opportunity of being heard in person or through authorised representative, you may show cause in writing on or before the said date which will be considered before