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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

Sagar Mining and Metals Industries Private Limited, Keonjhar vs. Income Tax Officer, Keonjhar Ward, Keonjhar

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

ITA 398/CTK/2025[2014-15]Status: DisposedITAT Cuttack13 Aug 2025AY 2014-15

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.398/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2014-2015) Sagar Mining & Metal Vs Ito, Ward Keonjhar Industries Private Limited, Near St. Teresa School, Sbi Road Joda, Keonjhar-758034 Pan No. : Aalcs 1743 E (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri P.R.Mohanty, Advocate राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 13/08/2025 घोषणा की तारीख/Date Of Pronouncement : 13/08/2025

For Appellant: Shri P.R.Mohanty, AdvocateFor Respondent: Shri Vijay Singh, Sr. DR

submitted by the ld AR that the ld. CIT(A) has dismissed the appeal of the assessee without providing any sufficient opportunity of being heard to the assessee. It was the prayer that the matter may be restored to the file of ld. AO to decide the issue involved ... restoring the issues in the appeal to the file of 3 ld. AO for adjudicating afresh after providing the assessee adequate opportunity of being heard, subject to a payment of cost of Rs.5,000/- (Rupees Five Thousand only) shall be payable by the assessee to the Income Tax Bar Association

Milan Kumar Sahoo, Keonjhar vs. Income Tax Officer, Keonjhar

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

ITA 397/CTK/2025[2017-18]Status: DisposedITAT Cuttack13 Aug 2025AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.397/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2017-2018) Milan Kumar Sahoo, Vs Ito Keonjhar Naranpur, Keonjhar, Odisha Pan No. :Bplps 3631 G (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 13/08/2025 घोषणा की तारीख/Date Of Pronouncement : 13/08/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 13.11.2024 Passed In Appeal No.Cit(A), Cuttack/10502/2019-20 For The Assessment Year 2017-2018. 2. The Appeal Of The Assessee Is Barred By 160 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein Sufficient Reasons For Delay, Which Are Plausible & Not Found To Be False. Ld. Sr. Dr Also Did Not Raise Any Serious Objection To Condone The Delay. Accordingly, Delay Of 160 Days In Filing The Present Appeal By The Assessee Is Condoned & The Appeal Is Admitted For Hearing. 3. None Appeared On Behalf Of The Assessee. Shri Vijay Singh, Sr. Dr Appeared On Behalf Of The Revenue.

For Appellant: NoneFor Respondent: Shri Vijay Singh, Sr.DR

restoring the issues in the appeal to the file of ld. CIT(A) for adjudicating afresh on merits after providing the assessee adequate opportunity of being heard. The assessee shall cooperate in the readjudication proceeding before the ld. CIT(A) positively. 5. In the result, appeal of the assessee

S B Construction, Angul vs. Deputy Commissioner of Income Tax, Circle-1(1), Bhubaneswar

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

ITA 396/CTK/2025[2017-18]Status: DisposedITAT Cuttack13 Aug 2025AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.396/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2017-2018) S B Construction Vs Dcit, Circle-1(1), Bhubaneswar Karadei, Bijigol, Talcher,Angul 759117 Pan No. : Aawfs 7521 A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri P.R.Mohanty, Advocate राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 13/08/2025 घोषणा की तारीख/Date Of Pronouncement : 13/08/2025

For Appellant: Shri P.R.Mohanty, AdvocateFor Respondent: Shri Vijay Singh, Sr. DR

submitted by the ld AR that the ld. CIT(A) has dismissed the appeal of the assessee without providing any sufficient opportunity of being heard to the assessee. It was the prayer that the matter may be restored to the file of ld. AO to decide the issue involved ... restoring the issues in the appeal to the file of ld. AO for adjudicating afresh after providing the assessee adequate opportunity of being heard, subject to a payment of cost of Rs.5,000/- 3 (Rupees Five Thousand only) shall be payable by the assessee to the Income Tax Bar Association

Kali Prasanna Parida, Paradeep vs. ITO, Ward, Paradeep

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

ITA 395/CTK/2025[2017-18]Status: DisposedITAT Cuttack13 Aug 2025AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.395/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2017-2018) Kali Prasanna Parida Vs Ito, Paradeep Ward, Paradeep Baingol Tentukipada, Paradeep, Jagatsinghhpur, 754136 Pan No. : Caapp 4198 L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Biswaraj Raul, Advocate राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 13/08/2025 घोषणा की तारीख/Date Of Pronouncement : 13/08/2025

For Appellant: Shri Biswaraj Raul, AdvocateFor Respondent: Shri Vijay Singh, Sr. DR

submitted by the ld AR that the ld. CIT(A) has dismissed the appeal of the assessee without providing any sufficient opportunity of being heard to the assessee. It was the prayer that the matter may be restored to the file of ld. AO to decide the issue involved ... restoring the issues in the appeal to the file of ld. AO for adjudicating afresh after providing the assessee adequate opportunity of being heard, subject to a payment of cost of Rs.5,000/- 3 (Rupees Five Thousand only) shall be payable by the assessee to the Income Tax Bar Association

Samachar Manyata Association for Research & Training, Chennai vs. CIT, Exemptions, Chennai

In the result the appeal of the assessee in ITA

ITA 387/CHNY/2025[-]Status: DisposedITAT Chennai13 Aug 2025

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.386/Chny/2025, Assessment Years: - आयकर अपील सं./Ita No.387/Chny/2025, Assessment Years: - Samachar Manyata Association For The Commissioner Of Income Tax Research & Training, (Exemptions), Old No.19, New No.72, Marshall Road, Chennai. Egmore, Chennai-600 008. [Pan: Abfcs2266P] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri P.M.Kathir, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.E.Pavuna Sundari, Cit

For Appellant: Shri P.M.Kathir, AdvocateFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 12ASection 80G

principles of natural justice in this case in as much as the Ld.CIT(E ) has drawn unilateral conclusion without affording the assessee an opportunity of being heard. It was accordingly requested that matter may be considered for remission back to the Ld.CIT(E) for readjudication after affording the assessee ... opportunity of being heard. 4.0 Per contra, the Ld.DR relied upon the order of Ld.CIT(E ). 5.0 We have heard the rival submissions in the light of material available on records. We find considerable force in the averments of the appellant assessee. We have also noted a case of apparent

Samachar Manyata Association for Research & Training, Chennai vs. CIT, Exemptions, Chennai

In the result the appeal of the assessee in ITA

ITA 386/CHNY/2025[-]Status: DisposedITAT Chennai13 Aug 2025

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.386/Chny/2025, Assessment Years: - आयकर अपील सं./Ita No.387/Chny/2025, Assessment Years: - Samachar Manyata Association For The Commissioner Of Income Tax Research & Training, (Exemptions), Old No.19, New No.72, Marshall Road, Chennai. Egmore, Chennai-600 008. [Pan: Abfcs2266P] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri P.M.Kathir, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.E.Pavuna Sundari, Cit

For Appellant: Shri P.M.Kathir, AdvocateFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 12ASection 80G

principles of natural justice in this case in as much as the Ld.CIT(E ) has drawn unilateral conclusion without affording the assessee an opportunity of being heard. It was accordingly requested that matter may be considered for remission back to the Ld.CIT(E) for readjudication after affording the assessee ... opportunity of being heard. 4.0 Per contra, the Ld.DR relied upon the order of Ld.CIT(E ). 5.0 We have heard the rival submissions in the light of material available on records. We find considerable force in the averments of the appellant assessee. We have also noted a case of apparent

Tirupur South Rotary Charitable Trust, Coimbatore vs. ACIT, Exemptions, Coimbatore

In the result, all the grounds of appeal raised by the assessee are allowed for statistical purposes

ITA 1553/CHNY/2025[2022-23]Status: DisposedITAT Chennai13 Aug 2025AY 2022-23

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.1553/Chny/2025 Assessment Years: 2022-23 Tirupur South Rotary Charitable Trust, Assistant Commissioner Of South Rotary Hall, Income Tax (Exemptions), Opp Nataraja Theatre, Tirupur, Coimbatore. Coimbatore, Tamil Nadu-641 604. [Pan: Aaett0308E] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri S.Bhupendran, Advocate प्रत्यर्थी की ओर से /Revenue By : Shri P.Krishna Kumar, Jcit सुनवाई की तारीख/Date Of Hearing : 12.08.2025 घोषणा की तारीख /Date Of Pronouncement : 13.08.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri S.Bhupendran, AdvocateFor Respondent: Shri P.Krishna Kumar, JCIT
Section 11Section 12ASection 143(1)Section 251(1)(a)Section 251(2)

provided for in section 251(1)(a) of the Act without prescribing to the mandatory prescription under section 251(2) of giving an opportunity of being heard to the assessee. 3.0 Per contra, the Ld. DR relied upon the order of lower authorities. 4.0 We have heard the rival submissions ... enhancement u/s 251(1)(a). In that situation, the Ld.First Appellate Authority is mandated to confirm to prescription u/s 252 of giving an opportunity of being heard before drawing any adverse conclusions. The same has not been done in this case and therefore assessee’s rights of natural justice have