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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

Ronak Ashok Shah, Mumbai vs. ITO Ward 41(3)(3), Mumbai

In the result, the appeal is allowed for statistical purpose

ITA 6639/MUM/2025[2018-19]Status: DisposedITAT Mumbai23 Feb 2026AY 2018-19

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokarronak Ashok Shah Ito-41(3)(3) 1803, Raj Hans Apt., Kautilya Bhavan, Jitendra Road, Malad (E) Vs. Mumbai Mumbai-400 097 Pan/Gir No. Bdjps 9744 J (Appellant) : (Respondent) Appellant By : Shri Rajesh Kothari Respondent By : Shri Annavaram Kosuri (Sr. Ar) Date Of Hearing : 18.02.2026 Date Of Pronouncement : 23.02.2026 O R D E R Per Saktijit Dey: This Is An Appeal By The Assessee Against Order Dated 10.03.2025, Passed By National Faceless Appeal Centre (‘Nfac’ For Short), Delhi For The Assessment Year (A.Y. For Short) 2018-19. 2. In Ground No. 1, The Assessee Has Raised Grievance Against The Ex Parte Disposal Of The Appeal By Ld. First Appellate Authority. Whereas, Ground Nos. 2 To 5 Are On The Issue Of Validity Of Reopening Of Assessment. Ground Nos. 6 & 7 Are On The Authority Of The Jurisdictional Assessing Officer (Jao) In Completing The Assessment. Whereas, Ground Nos. 8 To 11 Are On Merits.

For Appellant: Shri Rajesh KothariFor Respondent: Shri Annavaram Kosuri (Sr. AR)
Section 139(1)Section 147Section 148

wholly without jurisdiction, as the reasons recorded do not make out a case of escapement of income. He further submitted, without providing reasonable opportunity of being heard, ld. First appellate authority decided the appeal ex parte by dismissing all the grounds without proper reasoning. 8. The ld. Departmental Representative ... order of ld. First appellate authority and restore the issues back to his file for de novo adjudication after providing due and reasonable opportunity of being heard to the assessee. The assessee is directed to respond to the hearing notice to be issued by ld. First appellate authority and make