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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

Balwinder Kaur, Fatehabad, Haryana vs. ITO, Ward-1, Fatehabad, Haryana

In the result, the appeal of the Assessee stands allowed

ITA 446/CHANDI/2025[2017-18]Status: DisposedITAT Chandigarh14 Oct 2025AY 2017-18

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 446/Chd/2025 "नधा"रण वष" / Assessment Year : 2017-18 Balwinder Kaur, The Ito, बनाम W/O Sh. Sukhwant Singh Ward 1, Village Aherwan, Fatehabad Vs. P.O. Aherwan Ratia, Fatehabad, Haryana 125051 "थायी लेखा सं./Pan No. Gyzpk9424B अपीलाथ"/Appellant ""यथ"/Respondent ( Hybrid Mode ) "नधा"रती क" ओर से/Assessee By : Sh. Parikshit Aggarwal, C.A. राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Addl. Cit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 31-07-2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 14-10-2025 आदेश/Order Per Krinwant Sahay, Am: Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 07.02.2025 Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi.

For Appellant: Sh. Parikshit Aggarwal, C.AFor Respondent: Shri Vivek Vardhan, Addl. CIT, Sr. DR
Section 115BSection 142(1)Section 148Section 250Section 69Section 69A

then by Worthy CIT(A) u/s 250 deserves to be quashed since the same has been passed without affording reasonable opportunity of being heard to the appellant. 8. That the appellant craves leave for any addition, deletion or amendment in the grounds of appeal on or before the disposal

Radiant Textiles Private Limited, Patiala vs. ACIT, Circle, Patiala

In the result, the appeal stands dismissed

ITA 444/CHANDI/2025[2019-20]Status: DisposedITAT Chandigarh14 Oct 2025AY 2019-20

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./ Ita No.444/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2019-20) M/S Radiant Textiles Pvt. Ltd. Acit Circle Patiala बनाम/ Village Chounth, Patiala Road Aaykar Bhawan Vs. Samana-147101 Patiala 147001 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcr-1175-R (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Shri Parikshit Aggarwal (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Kusum Bansal (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 10-09-2025 घोषणाकीतारीख /Date Of Pronouncement : 14/10/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2019-20 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 13-02-2025 In The Matter Of A Rectification Order Passed By Ld. Assessing Officer [Ao] U/S. 154 Of The Act On 28-11-2023. The Only Grievance Of The Assessee Is Application Of Correct Rates Of Taxes.

For Appellant: Shri Parikshit Aggarwal (CA) – Ld. ARFor Respondent: Smt. Kusum Bansal (CIT) – Ld. DR
Section 145ASection 154

incumbent upon the Officer to issue a notice u/s 143(2) of the Income-tax Act and, after affording 'A' an opportunity of being heard, decide the matter strictly in accordance with law. Reliance in this regard is placed on the following judicial precedents: • Khatau Junkar

Sanjay Kumar Drolia, Kolkata vs. ITO, Ward 49(1), Kolkata

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

ITA 1025/KOL/2025[2015-2016]Status: DisposedITAT Kolkata14 Oct 2025AY 2015-2016

Bench: Shri Duvvuru Rl Reddyआयकर अपील सं/Ita No.1025/Kol/2025 (नििाारण वर्ा / Assessment Year : 2015-2016) Sanjay Kumar Drolia, Vs Ito Ward-49(1), Kolkata 48/7, Tulsidham, Jessore Road, Bangur Avenue Crossing, Kolkata-700055 Pan No. : Admpd 0082 C (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Miraz D. Shah, Ar राजस्व की ओर से /Revenue By : Ms. Monalisa Pal Mukherjee, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 29/08/2025 घोषणा की तारीख/Date Of Pronouncement : 14/10/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Addl./Jcit(A)-4, Chennai, Dated 24.03.2025 Passed For Assessment Year 2015-2016. 2. Facts In Brief Are That The Assessee Is An Individual & Had Filed His Original Return Of Income On 02.04.2015 Declaring A Total Income Of Rs.9,11.110/-. The A.O. Was In Receipt Of An Information From Ddit (The) Wing, Unit-3(1), Kolkata, Wherein It Was Stated That The Assessee Was Engaged In Facilitating Accommodation Entry In The Form Of Bogus Billing, Bogus Share Capital, Unsecured Loan To The Beneficiary Companies In Lieu Of Commission At The Rate Of 0.50 Percent Of Cheque Amount During The Period From F.Y.2009-10 To 2013-14. On The Basis Of The Said Information, The Ld. A.O. Issued A Notice U/S 148 Of The I. T. Act, 1961, After Obtaining Approval From Appropriate Authority. In Response To The Said Notice The Assessee E-

For Appellant: Shri Miraz D. Shah, ARFor Respondent: Ms. Monalisa Pal Mukherjee, Sr. DR
Section 131Section 143(2)Section 148

amount for taxation which has been claimed by the assessee and pass order accordingly. Needless to say, the assessee shall be provided sufficient opportunity of being heard to the assessee. At the same breath, I also hereby caution the assessee to promptly co-operate with the proceedings before