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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

Swargiya Prof Nawal Pd. Singh S Sansthan, Vaishali vs. CPC, Bengaluru

The appeal of the assessee is allowed for statistical purposes

ITA 348/PAT/2025[2018-19]Status: DisposedITAT Patna21 Oct 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.348/Pat/2025 Assessment Year: 2018-19 Swargiya Prof Nawal Pd. Singh S Sansthan…………………..………. …………………....Appellant 0 Sahi Colony, Hajipur, Vaishali, Bihar- 844101.. [Pan: Aagts5236E] Vs. Cpc, Bengaluru……..…....…..……………..………………….…..... Respondent Appearances By: Shri Rakesh Kumar, Adv., Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 16, 2025 Date Of Pronouncing The Order : October 21, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Is Directed By The Assessee Against The Order Dated 03.01.2025 Passed By The Cit, Appeal Addl/Jcit(A)-3, Chennai Under Section 250 Of The Income-Tax Act, 1961. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2018–19. The Case Was Processed By The Cpc, Which Issued An Intimation Under Section 143(1) Of The Act, Disallowing The Assessee’S Claim Of Exemption Of ₹1,25,99,176, Being 80% Of The Total Expenditure Against Total Receipts Of ₹1,27,78,294. Consequently, The Total Income Was Determined At ₹₹1,27,78,294. I.T.A. No.348/Pat/2025 Swargiya Prof Nawal Pd. Singh S Sansthan 3. Aggrieved By The Above Intimation, The Assessee Preferred An Appeal Before The Cit(A). However, The Cit(A) Dismissed The Appeal Solely On The Ground That It Was Filed After A Delay Of 1,489 Days, Without Considering The Matter On Merits.

Section 143(1)Section 250

No.348/Pat/2025 Swargiya Prof Nawal Pd. Singh S Sansthan accordance with law, and if satisfied, shall decide the appeal on merits after affording reasonable opportunity of being heard to the assessee. 7. In view of the above, the appeal of the assessee is allowed for statistical purposes. Kolkata, the 21st October

Rajeev Ranjan, Patna Bihar vs. Asstt. Commissioner of Income Tax, Patna, Bihar

The appeal of the assessee is allowed for statistical purposes

ITA 150/PAT/2025[2017-2018]Status: DisposedITAT Patna21 Oct 2025AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.150/Pat/2025 Assessment Year: 2017-18 Rajeev Ranjan..…………………..………. …………………....Appellant Saket Puri New Kunj Colony, Bazar Samiti, Patna, Bihar- 800016.. [Pan: Alfpr5222F] Vs. Acit, Patna………..…....…..……………..………………….…..... Respondent Appearances By: Shri Tripurari Kumar, Ca, 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 21, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Is Directed By The Assessee Against The Order Dated 23.01.2025 Passed By The Cit(Appeals), Under Section 250 Of The Income-Tax Act, 1961. 2. Brief Facts Of The Case Are That The Assessing Officer Completed The Assessment Under Section 143(3) Of The Income-Tax Act, 1961, Determining The Total Income Of The Assessee At ₹1,46,89,000 As Against The Income Of ₹99,90,000 Declared In The Return Of Income. The Assessing Officer Made An Addition Of ₹46,99,000 Under Section 69A Of The Act, Treating It As Unexplained Cash Deposits.

Section 143(3)Section 250Section 69A

restore the matter to the file of the CIT(A) with a direction to adjudicate the appeal afresh after affording a reasonable opportunity of being heard to the assessee. The assessee is I.T.A. No.150/Pat/2025 Rajeev Ranjan directed to produce all supporting documents and explanations before the CIT(A) to substantiate

Pankaj Kumar, Muzaffarpur vs. Commissioner of Income Tax, Patna

In the result, all the four appeals of the assessee are allowed for statistical purposes

ITA 650/PAT/2024[2020-21]Status: DisposedITAT Patna21 Oct 2025AY 2020-21

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.649, 645, 646 & 650/Pat/2024 Assessment Years: 2017–18, 2018–19, 2019–20 & 2020–21 Pankaj Kumar……..……………..………. …………………....Appellant Saraiyaganj, Muzaffarpur, Bihar-842001.. [Pan: Alipk3534A] Vs. Cit Patna……………......…..……………..………………….…..... Respondent Appearances By: Shri Amit Kamalia, Ca., Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 16, 2025 Date Of Pronouncing The Order : October 21, 2025 आदेश / Order Per Sonjoy Sarma: These Four Captioned Appeals—Ita No. 649/Patna/2024 For A.Y. 2017–18, Ita No. 645/Patna/2024 For A.Y. 2018–19, Ita No. 646/Patna/2024 For A.Y. 2019–20 & Ita No. 650/Patna/2024 For A.Y. 2020–21—Are Filed By The Same Assessee Against The Orders Of The Learned Cit(A), Relating To Penalty Imposed Under Section 270A Of The Income-Tax Act, 1961, Arising Out Of The Respective Assessment Orders. Since The Issues Involved In All These Appeals Are Common Except For Variation In Figures & Assessment Years, They Were Heard Together & Are Being Disposed Of By This Common Order For The Sake Of Convenience. 2. At The Outset, It Is Noticed That There Is A Delay Of Four Days In Filing The Appeals Before The Tribunal. The Assessee Has Filed A Petition

Section 132Section 143(3)Section 153ASection 270A

Assessing Officer. 5. The learned Authorised Representative (AR) submitted that the order of the CIT(A) was passed ex parte without providing reasonable opportunity of being heard to the assessee. It was also contended that the assessee had duly filed an application before the Assessing Officer seeking immunity under Section ... available on record, we find that the CIT(A) has passed the order ex parte, and the assessee did not get an effective opportunity of being heard. In the interest of justice and fair play, we deem it appropriate to restore the matter to the file

Pankaj Kumar, Muzaffarpur vs. Comissioner of Income Tax, Patna

In the result, all the four appeals of the assessee are allowed for statistical purposes

ITA 649/PAT/2024[2017-18]Status: DisposedITAT Patna21 Oct 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.649, 645, 646 & 650/Pat/2024 Assessment Years: 2017–18, 2018–19, 2019–20 & 2020–21 Pankaj Kumar……..……………..………. …………………....Appellant Saraiyaganj, Muzaffarpur, Bihar-842001.. [Pan: Alipk3534A] Vs. Cit Patna……………......…..……………..………………….…..... Respondent Appearances By: Shri Amit Kamalia, Ca., Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 16, 2025 Date Of Pronouncing The Order : October 21, 2025 आदेश / Order Per Sonjoy Sarma: These Four Captioned Appeals—Ita No. 649/Patna/2024 For A.Y. 2017–18, Ita No. 645/Patna/2024 For A.Y. 2018–19, Ita No. 646/Patna/2024 For A.Y. 2019–20 & Ita No. 650/Patna/2024 For A.Y. 2020–21—Are Filed By The Same Assessee Against The Orders Of The Learned Cit(A), Relating To Penalty Imposed Under Section 270A Of The Income-Tax Act, 1961, Arising Out Of The Respective Assessment Orders. Since The Issues Involved In All These Appeals Are Common Except For Variation In Figures & Assessment Years, They Were Heard Together & Are Being Disposed Of By This Common Order For The Sake Of Convenience. 2. At The Outset, It Is Noticed That There Is A Delay Of Four Days In Filing The Appeals Before The Tribunal. The Assessee Has Filed A Petition

Section 132Section 143(3)Section 153ASection 270A

Assessing Officer. 5. The learned Authorised Representative (AR) submitted that the order of the CIT(A) was passed ex parte without providing reasonable opportunity of being heard to the assessee. It was also contended that the assessee had duly filed an application before the Assessing Officer seeking immunity under Section ... available on record, we find that the CIT(A) has passed the order ex parte, and the assessee did not get an effective opportunity of being heard. In the interest of justice and fair play, we deem it appropriate to restore the matter to the file

Pankaj Kumar, Muzaffarpur vs. Commissioner of Income Tax, Patna

In the result, all the four appeals of the assessee are allowed for statistical purposes

ITA 645/PAT/2024[2018-19]Status: DisposedITAT Patna21 Oct 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.649, 645, 646 & 650/Pat/2024 Assessment Years: 2017–18, 2018–19, 2019–20 & 2020–21 Pankaj Kumar……..……………..………. …………………....Appellant Saraiyaganj, Muzaffarpur, Bihar-842001.. [Pan: Alipk3534A] Vs. Cit Patna……………......…..……………..………………….…..... Respondent Appearances By: Shri Amit Kamalia, Ca., Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 16, 2025 Date Of Pronouncing The Order : October 21, 2025 आदेश / Order Per Sonjoy Sarma: These Four Captioned Appeals—Ita No. 649/Patna/2024 For A.Y. 2017–18, Ita No. 645/Patna/2024 For A.Y. 2018–19, Ita No. 646/Patna/2024 For A.Y. 2019–20 & Ita No. 650/Patna/2024 For A.Y. 2020–21—Are Filed By The Same Assessee Against The Orders Of The Learned Cit(A), Relating To Penalty Imposed Under Section 270A Of The Income-Tax Act, 1961, Arising Out Of The Respective Assessment Orders. Since The Issues Involved In All These Appeals Are Common Except For Variation In Figures & Assessment Years, They Were Heard Together & Are Being Disposed Of By This Common Order For The Sake Of Convenience. 2. At The Outset, It Is Noticed That There Is A Delay Of Four Days In Filing The Appeals Before The Tribunal. The Assessee Has Filed A Petition

Section 132Section 143(3)Section 153ASection 270A

Assessing Officer. 5. The learned Authorised Representative (AR) submitted that the order of the CIT(A) was passed ex parte without providing reasonable opportunity of being heard to the assessee. It was also contended that the assessee had duly filed an application before the Assessing Officer seeking immunity under Section ... available on record, we find that the CIT(A) has passed the order ex parte, and the assessee did not get an effective opportunity of being heard. In the interest of justice and fair play, we deem it appropriate to restore the matter to the file