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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

Manisha Kumari, Patna vs. Ward-5(2), Patna

In the result, the appeal of the assessee is allowed for statistical purposes in the terms indicated above

ITA 286/PAT/2025[2016-17]Status: DisposedITAT Patna23 Oct 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.286/Pat/2025 Assessment Year: 2016-17 Manisha Kumari…..……………..………. …………………....Appellant 5, Indrapuri, Keshri Nagar, Indrapuri, Patna, Pin-800024. Bihar.. [Pan: Afmpk0739D] Vs. Ito, Ward-5(2), Patna ......…..……………..………………….…..... Respondent Appearances By: Shri Shikesh Jha, Adv., Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 14, 2025 Date Of Pronouncing The Order : October 23, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18.11.2024 Of The Learned Cit(A), Nfac Relating To The Assessment Year 2016–17. 2. Brief Facts Of The Case Are That The Assessee Is An Individual Who Filed A Return Of Income Declaring Total Income Of ₹2,29,470 For The Assessment Year 2016–17. Based On Information That Income To The Tune Of ₹7,50,000 Had Escaped Assessment, The Assessing Officer Recorded Reasons For Reopening The Case & Obtained The Necessary Approval From The Competent Authority. Consequently, Notice Under Section 148 Of The Act Was Issued To The Assessee. No Return Of Income Was Filed In Response To The Said Notice. Thereafter, Notices Under Section 142(1) Along With

Section 142(1)Section 148

fresh adjudication. The CIT(A) shall re-examine the issues involved in I.T.A. No.286/Pat/2025 Manisha Kumari accordance with law after affording due opportunity of being heard to the assessee. The assessee is directed to extend full cooperation and comply with all notices issued by the CIT(A) during the proceedings

Sudhir Kumar Tuli, Bihar vs. Income Tax Officer, Bihar

ITA 173/PAT/2025[2014-15]Status: DisposedITAT Patna23 Oct 2025AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.173/Pat/2025 Assessment Year: 2014-15 Sudhir Kumar Tuli..……………..………. …………………....Appellant B-12, Anjali Apartment Boring Road Behind Alankar Place, Patna - 800001. Bihar.. [Pan: Actpt9461D] Vs. Ito, Patna ………….......…..……………..………………….…..... Respondent Appearances By: Shri Kaushal Kr. Ar, ., Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 13, 2025 Date Of Pronouncing The Order : October 23, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Dated 10.02.2025 Of The Learned Cit(A), Nfac Relating To The Assessment Year 2014–15. 2. Brief Facts Of The Case Are That The Assessee Had Entered Into A Land Development Agreement With A Builder For Development Of His Land. As Per The Terms Of The Agreement, No Monetary Consideration Was To Be Received By The Assessee Except For Three Residential Flats To Be Allotted To Him Upon Completion Of The Project. The Builder, After Development, Was To Become The Absolute Owner Of His Share In The Project & Would Thereafter Be Entitled To Enter Into Agreements For Sale In Respect Of Such Share. During The Course Of Proceedings, In Response To A Notice Issued

Section 133(6)Section 143(2)Section 144

learned CIT(A) for fresh adjudication. The CIT(A) shall re-examine the issues afresh after I.T.A. No.173/Pat/2025 Sudhir Kumar Tuli affording reasonable opportunity of being heard to the assessee. The assessee is directed to fully cooperate in the proceedings and to comply with all notices issued

Primula Bhandari, Gangtok vs. DCIT, Circle 3(2), Gangtok

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1394/KOL/2025[2018-2019]Status: DisposedITAT Kolkata23 Oct 2025AY 2018-2019

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraआयकर अपील सं/Ita No.1394/Kol/2025 (नििाारण वर्ा / Assessment Year : 2018-2019) Primula Bhandari Vs Dcit, Circle-3(2), Kolkata C/O Subash Agarwal & Associates, 1, Gibson Lane, Suite 213, Kol-69. Pan No. :Ajvpb2150Q (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Smt. Parna Datta, Advocate राजस्व की ओर से /Revenue By : Shri Sanjib Kumar Paul, Sr. Dr सुिवाई की तारीख / Date Of Hearing : 22/10/2025 घोर्णा की तारीख/Date Of Pronouncement : 23/10/2025 आदेश / O R D E R Per Sonjoy Sarma, Jm : This Is An Appeal Filed By The Assessee Against The Order Of The Nfac Dated 06.05.2025 Passed U/S 250 Of The Income Tax Act, 1961 (‘Act’). 2. The Brief Facts Of The Case Are That The Assessee Did Not File The Return Of Income For The Relevant Assessment Year. The Assessing Officer Noticed Cash Deposits In The Bank Account Of The Assessee & Accordingly Reopened The Assessment Under Section 147 Of The Income-Tax Act, 1961.The Assessment Was Completed Under Sections 144/147, Determining The Total Income At ₹25,85,346/-, After Making An Addition Of ₹25,85,346/- Under Section 69A Of The Act On Account Of Unexplained Money.

For Appellant: Smt. Parna Datta, AdvocateFor Respondent: Shri Sanjib Kumar Paul, Sr. DR
Section 10Section 147Section 250Section 69A

received as per customary practices prevailing in the State of Sikkim during the funeral of his father. The Assessing Officer shall afford adequate opportunity of being heard to the assessee and thereafter pass a reasoned order in accordance with law. 7. In the result, the appeal of the assessee

Assistant Commissioner of Income Tax, Central Circle-2, Madurai vs. Transworld Garnet India Pvt Ltd., Chennai

ITA 1875/CHNY/2025[2015-16]Status: DisposedITAT Chennai23 Oct 2025AY 2015-16

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.:1872, 1873, 1875, 1877 & 1878/Chny/2025 निर्धारण वर्ष / Assessment Years: 2013-14, 2014-15, 2015-16, 2016-17 & 2017-18 Acit, Central Circle -2, Madurai. Vs. Transworld Garnet India Pvt. Ltd., 500, Pantheaon Road, Egmore S.O., Chennai - 600 008. [Pan: Aaact-3408-N] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/Appellant By : Shri. R.Venkata Raman, C.A. प्रत्यर्थी की ओर से/Respondent By : Shri. Shiva Srinivas, C.I.T. सुनवाई की तारीख /Date Of Hearing : 24.09.2025 घोषणा की तारीख/Date Of Pronouncement : 23.10.2025 आदेश /Order Per S. R. Raghunatha, Am : These Five Appeals Preferred By The Revenue Are Directed Against The Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-19, Chennai [Hereinafter Referred To As “The Id.Cit(A)”]. The Impugned Orders Of The Id.Cit(A) Arise Out Of The Assessment Orders Framed By The Assistant Commissioner Of Income Tax, Central Circle-2, Madurai [Hereinafter Referred To As “The Ao”], In Respect Of The Assessment Years 2013-14 To 2017-18. The Particulars Of The Respective Appeals Filed By The Revenue Are Set Out Hereinbelow:- S. No

For Appellant: Shri. R.Venkata Raman, C.AFor Respondent: Shri. Shiva Srinivas, C.I.T
Section 132Section 132(4)Section 142(1)Section 143(2)Section 153ASection 40A(3)

आयकर अपीलीय अधिकरण, 'बी' न्यायपीठ, चेन्नई IN THE INCOME TAX APPELLATE TRIBUNAL 'B' BENCH, CHENNAI श्री जॉर्ज जॉर्ज के, उपाध्यक्ष