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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

Shri Bhama Punja Bharai, Junagadh vs. The ACIT Central Circle 2, Rajkot

The appeal of the assessee is treated as allowed

ITA 590/RJT/2025[2021-22]Status: DisposedITAT Rajkot24 Oct 2025AY 2021-22

Bench: Dr. Arjun Lal Saini(Hybrid Hearing) Assessment Year: (2021-22) Bhama Punja Bharai Vs. Acit Circle-2, Rajkot Near Kuvav Talav, Grofed Road, Azad Aaykar Bhawan, Race Chowk S.O. Junagadh- 362710 Course Road, Rajkot-360001 Pan : Dvxpb 2168 H (Appellant) (Respondent) िनधा"रती क" ओर से/Assessee By : None राज"व क" ओर से/Revenue By : Adjournment Application सुनवाई क" तारीख /Date Of Hearing : 22/10/2025 घोषणा क" तारीख /Date Of Pronouncement : 24/10/2025 आदेश / O R D E R Per,Dr. A. L. Saini, Am: The Present Appeal Has Been Filed By The Assessee, Against The Order Passed By The Learned Commissioner Of Income Tax (Appeal), Ahmedabad/ National Faceless Appeal, Centre (Nfac), Delhi Dated [Hereinafter Referred To As “Cit(A)”] 24.01.2025 Arising In The Matter Of Assessment Order Passed U/S.144 R.W.S 143(3) Of The Income Tax Act, 1961 (Here-In-After Referred To As “The Act”) Relevant To The Assessment Year 2021-22. 2.When The Matter Was Called For Hearing, I Note That The Assessee, Submitted By Way Of Affidavit That The Appeal Has Been Filed By The Assessee Belatedly. I Have Gone Through The Affidavit Filed In This Regard Citing Reasons For Condonation Of Delay & I Note That Assessee Urged For A Benign View & Sought Condonation Of Delay Of 182 Days In Filing The Appeal Before The Tribunal. A Perusal Of The

For Appellant: NoneFor Respondent: Adjournment Application
Section 144

learned CIT(A) is an ex-party order, without adjudicating on merit, therefore, I note that assessee has not given sufficient opportunity of being heard and could not plead his case successfully before the ld. CIT(A). I also note that in the assessee’s case under consideration, the assessment ... merits of the grounds raised by the assessee. 4. Considering the above facts, I note that assessee has not given sufficient opportunity of being heard and could not plead his case successfully before the ld. CIT(A). I also note that the ld. CIT(A) did not discuss the assessee

Vishal Krishna, Chennai vs. ACIT, Ncc-10(1), Chennai

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

ITA 2258/CHNY/2025[2012-13]Status: DisposedITAT Chennai24 Oct 2025AY 2012-13

Bench: Shri M. Balaganesh & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.2258/Chny/2025 िनधा"रण वष"/Assessment Year: 2012-13 Vishal Krishna, Vs. The Assistant Commissioner Of Old No. T-27, New No. T-3, Income Tax, 12Th Street, Anna Nagar S.O., Non Corporate Circle 10(1), Chennai 600 040. Chennai. [Pan: Aagpv0851L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri K. Vaitheeswaran, Advocate ""थ" की ओर से/Respondent By : Shri C.P. Solomon, Jcit सुनवाई की तारीख/ Date Of Hearing : 22.10.2025 घोषणा की तारीख /Date Of Pronouncement : 24.10.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 10.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2012-13. 2. We Find That This Appeal Is Filed With A Delay Of 105 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We

For Appellant: Shri K. Vaitheeswaran, AdvocateFor Respondent: Shri C.P. Solomon, JCIT
Section 133ASection 142(1)Section 143(2)Section 143(3)Section 147Section 148

interest of natural justice, we direct the ld. CIT(A) to condone the delay and adjudicate the issues on merits by affording reasonable opportunity of being heard to the assessee subject to the condition of payment of ₹.10,000/- in favour of the State Legal Aid Authority, Hon’ble Madras

M/S. Raktikanta Panda Niranjan Panda, Chennai vs. ITO, Ncw-22(4), Chennai

In the result, the appeal filed by the assessee is allowed

ITA 1781/CHNY/2025[2012-13]Status: DisposedITAT Chennai24 Oct 2025AY 2012-13

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1781/Chny/2025 िनधा"रण वष"/Assessment Year: 2012-13 Raktikanta Panda Niranjan Panda, Vs. The Income Tax Officer, No. B, 301, Block B, Tvs Emerald Non Corporate Ward 22(4), Green Hills, No. 345/2B, Tambaram. Nedungundram, Ngo Nagar, Alapakkam, Perungalathur, Chennai 600 063. [Pan:Adjpn9359H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, F.C.A. ""थ" की ओर से/Respondent By : Dr. M. Mohan Babu, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 09.10.2025 घोषणा की तारीख /Date Of Pronouncement : 24.10.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 10.06.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2012-13. 2. We Find That This Appeal Is Filed With A Delay Of 293 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons.

For Appellant: Shri Y. Sridhar, F.C.AFor Respondent: Dr. M. Mohan Babu, Addl. CIT
Section 251Section 251(1)(a)

Shri Y. Sridhar, F.C.A. argued that the ld. CIT(A) erred in law in enhancing the cash deposit suo motu without providing proper opportunity of being heard under section 251(1)(a) of the Income Tax Act, 1961 [“Act” in short]. He argued vehemently that the enhancement ... drew our attention to the impugned order and submits that nowhere in the impugned order showing that the ld. CIT(A) has given opportunity of being heard regarding enhancement of income of the assessee. He argued vehemently that the addition made by the ld. CIT(A) to an extent