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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

Gosal Sagar Helping Hand Foundation, Jabalpur vs. Commissioner of Income Tax-Exemption, Bhopal

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

ITA 20/JAB/2025[2025-26]Status: DisposedITAT Jabalpur30 Sept 2025AY 2025-26

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2025-26 Gosal Sagar Helping Hand Foundation, Vs. Cit (Exemption), Bhopal 44, Gorakhpur, Jabalpur-482001 Pan:Aagag6146G (Appellant) (Respondent) Assessee By: Sh. Mujaid Ansari, C.A. Revenue By: Sh. Shravan Kumar Meena, Cit Dr Date Of Hearing: 20.08.2025 Date Of Pronouncement: 30.09.2025 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit (Exemption), Bhopal Refusing To Accept The Application Of The Assessee In Form No. 10Ab For Grant Of Registration Under Section 80G(5) Of The Act. The Grounds Of Appeal Are As Under:- “1. The Appellant, Gosal Sagar Helping Hands Foundation, Hereinafter Referred To As The 'Appellant', Is Aggrieved By The Order Dated 23/12/2024 Passed By The Commissioner Of Income Tax, Exemption [Cit(Exemption)] - Bhopal, Hereinafter Referred To As The 'Respondent', Rejecting The Application For Permanent Registration Under Section 80G(5) Of The Income Tax Act, 1961. 2. The Appellant, Incorporated On 02/11/2020, Obtained Provisional Registration Under Section 80G(5) Of The Income Tax Act, 1961, In Form 10Ac On 28/11/2021. Pursuant To This, The Appellant Duly Filed Form 10Ab Under Clause (Iii) Of The First Proviso To Section 80G(5) Of The Act On 13/06/2024, With The Intent Of Securing Permanent Registration Under Section 80G(5) Of The Act. 3. However, The Respondent Has Rejected The Application Contending That "The Assessee Society Has Failed To Substantiate His Claim Of Alleged Charitable Activities With Sufficient Documentary Evidences As Sought Vide The Aforesaid Letter Issued By This Office. It Is Also Found That After Giving Sufficient Opportunity The Assessee Has Failed To Furnish Point Wise Complete Information As Per Original

For Appellant: Sh. Mujaid Ansari, C.AFor Respondent: Sh. Shravan Kumar Meena, CIT DR
Section 80G(5)

Income Tax (Exemption), Bhopal, has erred on the facts and merits of the case by rejecting the appellant's application without giving an opportunity of being heard to the appellant and passed the rejection order without going on facts and merits of the case. 6. Therefore, the rejection ... Income Tax Rules, 1962, it was mandatory for the Commissioner to record his reasons in writing and to give the applicant a due opportunity of being heard. This safeguard had been completely disregarded by the ld. CIT (Exemption). Furthermore, it was submitted that under section 80G(5) read with clause