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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

Guru Mariappan Shenbagam Foundation, Madurai vs. CIT, Exemptions, Chennai

In the result, the appeals of the assessee are decided as under:-

ITA 336/CHNY/2025[-]Status: DisposedITAT Chennai18 Jul 2025

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.334/Chny/2025, Assessment Year: - आयकर अपील सं./Ita No.335/Chny/2025, Assessment Year: - आयकर अपील सं./Ita No.336/Chny/2025, Assessment Year: - Guru Mariappan Shenbagam The Commissioner Of Income Tax Foundation, (Exemption), No.2, West Vpr Cross Road, Chennai. Chokkikulam, Madurai, Tamil Nadu-625 002. [Pan: Aabtg2556L] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri G.Akash, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.E.Pavuna Sundari, Cit

For Appellant: Shri G.Akash, AdvocateFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 12ASection 80GSection 80G(5)

regards ITA No.336 the Ld. Counsel for the assessee has informed that the Ld.PCIT(Exemption) has dismissed its appeal without according due opportunity of being heard and by merely relying upon technicalities. Thus, the assessee has submitted that the rejection of its application u/s 80G(5) (iii) is erroneous ... order of the Ld.PCIT(E ) and direct him to readjudicate the assessee’s application for grnat of registration u/s 80G after giving due opportunity of being heard and by passing a speaking order, in accordance with law. The assessee shall comply with all the notices of the PCIT

Guru Mariappan Shenbagam Foundation, Madurai vs. CIT, Exemptions, Chennai

In the result, the appeals of the assessee are decided as under:-

ITA 335/CHNY/2025[-]Status: DisposedITAT Chennai18 Jul 2025

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.334/Chny/2025, Assessment Year: - आयकर अपील सं./Ita No.335/Chny/2025, Assessment Year: - आयकर अपील सं./Ita No.336/Chny/2025, Assessment Year: - Guru Mariappan Shenbagam The Commissioner Of Income Tax Foundation, (Exemption), No.2, West Vpr Cross Road, Chennai. Chokkikulam, Madurai, Tamil Nadu-625 002. [Pan: Aabtg2556L] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri G.Akash, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.E.Pavuna Sundari, Cit

For Appellant: Shri G.Akash, AdvocateFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 12ASection 80GSection 80G(5)

regards ITA No.336 the Ld. Counsel for the assessee has informed that the Ld.PCIT(Exemption) has dismissed its appeal without according due opportunity of being heard and by merely relying upon technicalities. Thus, the assessee has submitted that the rejection of its application u/s 80G(5) (iii) is erroneous ... order of the Ld.PCIT(E ) and direct him to readjudicate the assessee’s application for grnat of registration u/s 80G after giving due opportunity of being heard and by passing a speaking order, in accordance with law. The assessee shall comply with all the notices of the PCIT

Guru Mariappan Shenbagam Foundation, Madurai vs. CIT, Exemptions, Chennai

In the result, the appeals of the assessee are decided as under:-

ITA 334/CHNY/2025[-]Status: DisposedITAT Chennai18 Jul 2025

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.334/Chny/2025, Assessment Year: - आयकर अपील सं./Ita No.335/Chny/2025, Assessment Year: - आयकर अपील सं./Ita No.336/Chny/2025, Assessment Year: - Guru Mariappan Shenbagam The Commissioner Of Income Tax Foundation, (Exemption), No.2, West Vpr Cross Road, Chennai. Chokkikulam, Madurai, Tamil Nadu-625 002. [Pan: Aabtg2556L] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri G.Akash, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.E.Pavuna Sundari, Cit

For Appellant: Shri G.Akash, AdvocateFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 12ASection 80GSection 80G(5)

regards ITA No.336 the Ld. Counsel for the assessee has informed that the Ld.PCIT(Exemption) has dismissed its appeal without according due opportunity of being heard and by merely relying upon technicalities. Thus, the assessee has submitted that the rejection of its application u/s 80G(5) (iii) is erroneous ... order of the Ld.PCIT(E ) and direct him to readjudicate the assessee’s application for grnat of registration u/s 80G after giving due opportunity of being heard and by passing a speaking order, in accordance with law. The assessee shall comply with all the notices of the PCIT

Deen Dayal Medical and Educational Trust, Thiruvallur vs. JCIT (OSD), Central Circle-2(3), Chennai

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

ITA 276/CHNY/2025[2010-11]Status: DisposedITAT Chennai18 Jul 2025AY 2010-11

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.276/Chny/2025 Assessment Years: 2010-11 Deen Dayal Medical & Educational Joint Commissioner Of Income Trust, Tax(Osd), No.61, Dd Nagar, Central Circle-2(3), Kunnavalam Post, Chennai. Thiruvallur-631 210. [Pan: Aaatd2757M] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Mr.S.Sridhar, Advocate. प्रत्यर्थी की ओर से /Revenue By : Mr.Bipin C.N, Cit सुनवाई की तारीख/Date Of Hearing : 17.06.2025 घोषणा की तारीख /Date Of Pronouncement : 18.07.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Mr.S.Sridhar, AdvocateFor Respondent: Mr.Bipin C.N, CIT
Section 11Section 12A

PCIT passed u/s.12AA(3) of the Act cancelling registration and remand the matter back to his file for fresh adjudication after allowing reasonable opportunity of being heard. Needless to say that the assessee will cooperate in the proceedings to be initiated by the PCIT for registration/cancellation u/s.12AA ... relevant documents and will explain its case. The PCIT will accordingly examine the details and then pass a speaking order after allowing reasonable opportunity of being heard to the assessee….” 5.0 Thus, we have noted that in the present case the Ld.AO has made additions by denying the exemptions

Lakshmanan, Karthik vs. Assistant Commissioner, Salem

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1309/CHNY/2025[2023-24]Status: DisposedITAT Chennai18 Jul 2025AY 2023-24

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1309/Chny/2025 िनधा"रण वष"/Assessment Year: 2023-24 Lakshmanan Karthik, Vs. The Assistant Commissioner Of 5-82/Na, South Veethi, Income Tax, Thammampatty Main Road, Ward 1 Attur T.K., Salem 636 107. Salem. [Pan:Dpspk6889B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. Subhashini Ganapathy, Ca ""थ" की ओर से/Respondent By : Ms. V. Supraja, Addl.Cit सुनवाई की तारीख/ Date Of Hearing : 16.07.2025 घोषणा की तारीख /Date Of Pronouncement : 18.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.02.2024 Passed By The Addl/Jcit(A)-6, Kolkata For The Assessment Year 2023-24. 2. We Find That This Appeal Is Filed With A Delay Of 6 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit As Well As Medical Reports, We Find The Reasons Stated By The Assessee Are 2

For Appellant: Ms. Subhashini Ganapathy, CAFor Respondent: Ms. V. Supraja, Addl.CIT
Section 143(1)Section 40

assessee for taxation or not, if offered, the addition made in the hands of the assessee is not maintainable by affording an opportunity of being heard to the assessee to furnish evidence to substantiate his claim. Thus, the ground raised by the assessee is allowed for statistical purposes

M/S. Trac Media Pvt. Ltd., Chennai vs. ACIT, Corp. Circle-20(1), Chennai

In the result, the appeals of the assessee are decided as under:-

ITA 1306/CHNY/2025[2016-17]Status: DisposedITAT Chennai18 Jul 2025AY 2016-17

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1305/Chny/2025, Assessment Years: 2014-15 आयकर अपील सं./Ita No.1306/Chny/2025, Assessment Years: 2016-17 M/S.Trac Media Pvt Ltd., Assistant Commissioner Of No.35, 3Rd Main Road, Income Tax, Kalaimagal Nagar, Corporate Circle-20(1), Ekkattuthangal, Chennai. Chennai-600 032. [Pan: Aadct4184G] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri D.Anand, Advocate. प्रत्यर्थी की ओर से /Revenue By : Ms.E.Pavuna Sundari, Cit(Virtual) & Ms.V.Supraja, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 17.07.2025 घोषणा की तारीख /Date Of Pronouncement : 18.07.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri D.Anand, AdvocateFor Respondent: Ms.E.Pavuna Sundari, CIT(Virtual) &
Section 133(6)Section 143(3)Section 56

outset the Ld.Counsel for the assessee submitted that both the lower authorities have passed ex-parte orders without giving due opportunity of being heard. The assessee was stated to be engaged in the business of running a TV Channel. It was submitted that the Ld.AO had passed the assessment order ... Apex Court in the case of TIN box 249 ITR 216. The Ld. AO Page - 4 - of 8 ITA Nos.1305 & 1306/Chny/2025 shall give opportunities of being heard to the assesse and it shall be bounden upon the assesse to comply with the notices issued