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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

National Womens Organisation, Pune vs. Commisioner of Income Tax Exemption, Pune

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

ITA 819/PUN/2025[2023-2024]Status: DisposedITAT Pune01 Aug 2025AY 2023-2024

Bench: Shri Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita No.819/Pun/2025 National Womens Organisation, Cit (Exemption), Pune B 16, Shanti Vihar, Bhavdan, Pune-411021 Vs. Pan : Aaatn4537H अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Smt. Shweta Joshi Department By : Shri Amol Khairnar Date Of Hearing : 21-07-2025 Date Of 01-08-2025 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 30.09.2022 Of The Ld. Commissioner Of Income Tax (Exemption), Pune [“Cit(E)”] Whereby He Rejected The Application Of The Assessee Filed Before Him On 31.03.2022 In Form No. 10Ab Under Clause (Iii) Of Section 12A(1)(Ac) Of The Income Tax Act, 1961 (The “Act”).

For Appellant: Smt. Shweta JoshiFor Respondent: Shri Amol Khairnar
Section 12ASection 12A(1)(ac)Section 143(3)

satisfactory. 2. The learned CIT, Exemption erred in stating that the Trustee is unable to furnish credible evidence without giving proper opportunity of being heard. 3. The learned CIT, Exemption erred in law and on the facts in not getting sufficient opportunity to the Appellant to submit all the requisite ... aside to the file of the Ld. CIT(E) to 5 adjudicate the same afresh on merits after affording an opportunity of being heard to the assessee. 7. The Ld. DR had no objection the above request of the Ld. AR. 8. We have heard the Ld. Representatives

Mrs. Nidhi Yadav, Dehradun vs. ITO, Rudrapur

In the result, the assessee’s appeal is allowed for statistical purposes

ITA 117/DDN/2024[2015-16]Status: DisposedITAT Dehradun31 Jul 2025AY 2015-16

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishraita No.115/Ddn/2024, A.Y. 2013-14 Ita No.117/Ddn/2024, A.Y. 2015-16 Nidhi Yadav, Vs. Income Tax Officer, B-801, Forest Residency, Ward 2(1)(4), Dehradun, Uttarakhand Income Tax Office, Pin Code: 248014 Rudrapur, Uttarakhand Pan: Acapy5157E (Respondent) Appellant By Sh. Mohit Dev, Ca Respondent By Sh. Amarpal Singh, Sr. Dr Date Of Hearing 06/05/2025 Date Of Pronouncement 31/07/2025 Order Per Avdhesh Kumar Mishra, Am Common Facts & Similar Grounds Arise In The Above Captioned Appeals Of The Assessee; Therefore, These Appeals Were Heard Together & Are Being Disposed Off By This Common Order.

Section 143(1)Section 148Section 271(1)(c)Section 69A

dismissal of both appeals. With the help of facts mentioned in orders of the Authorities below, the Ld. Sr. DR submitted that sufficient opportunities of being heard were provided to the appellant assessee by the AO and the Ld. CIT(A) but in vain. He submitted that the appellant assessee ... matter back to the file of the Ld. CIT(A) for deciding the case afresh, in accordance with law, after providing adequate opportunity of being heard to the appellant assessee. Ordered accordingly. The appellant assessee, no doubt, shall cooperate in remitted Appellate proceedings. 12. In the result, the assessee

Smt. Nidhi Yadav, Dehradun vs. ITO- W-2(1)(4), Rudrapur

In the result, the assessee’s appeal is allowed for statistical purposes

ITA 115/DDN/2024[2013-14]Status: DisposedITAT Dehradun31 Jul 2025AY 2013-14

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishraita No.115/Ddn/2024, A.Y. 2013-14 Ita No.117/Ddn/2024, A.Y. 2015-16 Nidhi Yadav, Vs. Income Tax Officer, B-801, Forest Residency, Ward 2(1)(4), Dehradun, Uttarakhand Income Tax Office, Pin Code: 248014 Rudrapur, Uttarakhand Pan: Acapy5157E (Respondent) Appellant By Sh. Mohit Dev, Ca Respondent By Sh. Amarpal Singh, Sr. Dr Date Of Hearing 06/05/2025 Date Of Pronouncement 31/07/2025 Order Per Avdhesh Kumar Mishra, Am Common Facts & Similar Grounds Arise In The Above Captioned Appeals Of The Assessee; Therefore, These Appeals Were Heard Together & Are Being Disposed Off By This Common Order.

Section 143(1)Section 148Section 271(1)(c)Section 69A

dismissal of both appeals. With the help of facts mentioned in orders of the Authorities below, the Ld. Sr. DR submitted that sufficient opportunities of being heard were provided to the appellant assessee by the AO and the Ld. CIT(A) but in vain. He submitted that the appellant assessee ... matter back to the file of the Ld. CIT(A) for deciding the case afresh, in accordance with law, after providing adequate opportunity of being heard to the appellant assessee. Ordered accordingly. The appellant assessee, no doubt, shall cooperate in remitted Appellate proceedings. 12. In the result, the assessee

Shree Society, Visakhapatnam vs. Income Tax Officer, Ward-1(5), Visakhapatnam

In the result, appeal filed by the assessee is dismissed

ITA 226/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam31 Jul 2025AY 2017-18

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita No.226/Viz/2024 (िनधा"रण वष"/Assessment Year: 2017-18) Shree Society Vs. Income Tax Officer Visakhapatnam Ward 1(5) Pan:Aanas1911Q Visakhapatnam (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri I Rama Sastry, Ca राज" व "ारा/Revenue By:: Dr. Satyasai Rath, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 29/07/2025 घोषणा की तारीख/Pronouncement: 31/07/2025 आदेश/Order Per Vijay Pal Raothis Appeal By The Assessee Is Directed Against The Order Dated 30/03/2024 Of The Learned Pr.Cit Passed U/S 263 R.W.S. 254 Of The Act For The A.Y 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri I Rama Sastry, CAFor Respondent: : Dr. Satyasai Rath, CIT(DR)
Section 139(1)Section 143(3)Section 263

condonation petition filed, to controvert the findings of the AO as well as the Ld.PCIT. He, therefore, pleaded for affording another opportunity of being heard to the assessee before the Ld.PCIT to substantiate it's case, keeping in view the principles of natural justice or else, the assessee would ... inclined to remit the matter back to the file of the PCIT and direct the Ld.PCIT to afford the assessee, another opportunity of being heard. The assessee is also directed to adhere to the notices issued by the Ld.PCIT promptly and furnish relevant material evidences to substantiate it's case