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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

Raghav Vanijya Pvt. Ltd., Kolkata vs. DCIT, Circle 9(1), Kolkata

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

ITA 677/KOL/2025[2012-13]Status: DisposedITAT Kolkata04 Sept 2025AY 2012-13

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.677/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2012-2013) Raghav Vanijya Pvt. Ltd. Vs Dcit, Circle-9(1), Kolkata 4Th Floor, Room No.4D, 23/1, M.D.Road, Burrabazar, Kolkata-700007 Pan No. :Aadcr 6456 K (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By Shri Anil Kochar, Advocate रधजस्व की ओर से /Revenue By : Shri S.B.Chakraborthy, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 01/09/2025 घोषणा की तारीख/Date Of Pronouncement : 04/09/2025 आदेश / O R D E R Per Pradip Kumar Choubey, Jm : The Assessee Has Filed The Instant Appeal Against The Order Dated 09.08.2023, Passed By The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2012-2013. 2. The Appeal Of The Assessee Has Been Filed Belatedly By 518 Days. In This Regard, The Assessee Has Filed An Application Along With Affidavit For Condonation Of Delay Stating Therein That The Ld.Cit(A) Vide Order Dated 09.08.2023 Has Passed An Order Ex-Parte, Since The Defects Mentioned In The Notice In Respect Of Appeal Memo Submitted In Form 35 Was Not Removed/Rectified, Thereby Dismissed The Appeal Of The Assessee. Accordingly, There Had Been An Inordinate Delay In Submission Of The Appeal Before This Tribunal, Which Occurred Due To The Fact That The E-Portal Of The Income Tax Site Was Never Accessed By The Assessee. It Is Only Upon Going Through The Portal For Compilation Of The Status Of The Return Of Income

For Respondent: Shri S.B.Chakraborthy, Sr. DR

interest of justice, we restore the issues in this appeal to the file of ld.CIT(A) for readjudication afresh after providing sufficient opportunity of being heard to the assessee. The assessee is directed to file revised grounds of appeal and the ld. CIT(A) is also directed to consider

M/S. Windamere Hotel Pvt. Ltd., Darjeeling vs. ACIT, Circle 3(1), Siliguri

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

ITA 1417/KOL/2025[2015-2016]Status: DisposedITAT Kolkata04 Sept 2025AY 2015-2016

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.1417/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2015-2016) M/S Windamere Hotel Pvt. Ltd Vs Acit Cirlce-3(1), Siliguri C/O:M/S Salarpuria Jajodia & Co 7, C.R. Avenue, 3Rd Floor, Kolkata-700072 Pan No. :Aaacw 2667 C (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By : Shri S. Jhajharia & Sujay Sen, Ars रधजस्व की ओर से /Revenue By : Shri S.B.Chakraborthy, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 01/09/2025 घोषणा की तारीख/Date Of Pronouncement : 04/09/2025 आदेश / O R D E R Per Pradip Kumar Choubey, Jm : The Assessee Has Filed The Instant Appeal Against The Order Dated 27.03.2024, Passed By The Ld. Addl./Jcit(A)-1, Gurugram, For The Assessment Year 2015-2016. 2. The Appeal Of The Assessee Has Been Filed Belatedly By 395 Days. In This Regard, The Assessee Has Filed An Application Along With Affidavit For Condonation Of Delay Stating Therein That The Person Who Was Looking After The Taxation Affairs Of The Assessee Company Was Not Keeping Well & Was Not Attending The Office Regularly & Ultimately, He Tendered His Resignation & Left The Service & The Management Of The Assessee Company Was Not Intimated About The Receipt Of Such Notices. When It Came To The Knowledge Of The Management, Immediately The Appeal Has Been Filed Before The Tribunal Having A Delay Of 395 Days. It Was Submitted By The Ld. Ar That The Delay Was Not Intentional And, Therefore

For Appellant: Shri S. Jhajharia & Sujay Sen, ArsFor Respondent: Shri S.B.Chakraborthy, Sr. DR

justice, we restore the issues in this appeal to the file of ld.CIT(A) for readjudication afresh on merits after providing sufficient opportunity of being heard to the assessee. The assessee is also 3 directed to produce all the relevant documents to substantiate its case and cooperate in the readjudication