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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

Subhra Santi Sinha, Murshidabad vs. I.T.O., Ward - 42(1), Murshidabad

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

ITA 972/KOL/2025[2012-2013]Status: DisposedITAT Kolkata08 Jul 2025AY 2012-2013

Bench: Shri George Mathanआयकर अपील सं/Ita No.972/Kol/2025 (नििाारण वर्ा / Assessment Year :2012-2013) Subhra Santi Sinha, Vs Ito, Ward-42(1), Murshidabad 95/1, R.N. Tagore Road, Berhampore, Murshidabad, West Bengal Pan No. :Avhps 4150 K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) : Shri Anil Kochar, Ar नििााररती की ओर से /Assessee By राजस्व की ओर से /Revenue By : Shri Mrinmay Basak, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 08/07/2025 घोषणा की तारीख/Date Of Pronouncement : 08/07/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Addl.Jcit(A), Kochi, Dated 20.03.2025, Passed For The Assessment Year 2012-2013. 2. Shri Anil Kochar, Ld. Ar Appeared On Behalf Of The Assessee & Shri Mrinmay Basak, Ld.Sr. Dr Appeared On Behalf Of The Revenue. 3. It Was The Submission Of The Ld. Ar That The Assessee Could Not Provide The Details Before The Assessing Officer In Its Entirety. It Was The Submission That The Ld. Cit(A) Without Affording Sufficient Opportunity Has Dismissed The Appeal Of The Assessee. It Was Also Submitted That The Assessee May Be Given One More Opportunity To Represent Its Case Before The Ld. Ao, So That The Assessee Could Be Able To Provide The Details To Substantiate Its Case For The Year Under Consideration Before The Ld.Ao. 4. In Reply, Ld. Sr. Dr Supported The Orders Of The Ld. Ao & The Ld. Cit(A). It Was The Submission That Restoring The Matter To The File Of Ld. Ao

For Respondent: Shri Mrinmay Basak, Sr.DR

justice, I restore the issues to the file of Id. AO for readjudicating the issues afresh on merits after granting the assessee adequate opportunity of being heard. The assessee is also directed to cooperate with the ld. AO in the readjudication proceedings, positively. 6. In the result, appeal

Salween Securities Pvt Ltd, Indore vs. Neac Delhi, Delhi

In the result, appeal of the assessee is dismissed

ITA 226/KOL/2025[2018-19]Status: DisposedITAT Kolkata08 Jul 2025AY 2018-19

Bench: Shri George Mathanआयकर अपील सं/Ita No.226/Kol/2025 (नििाारण वर्ा / Assessment Year :2018-2019) Salween Securities Private Limited, Vs National E-Assessment C, Delhi 852, Sudama Nagar, In Front Of Jain Mandir, Indore-452009 Pan No. :Aancs 5746 H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Shri Mrinmay Basak, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 08/07/2025 घोषणा की तारीख/Date Of Pronouncement : 08/07/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 09.12.2024, Passed For The Assessment Year 2018-2019. 2. None Appeared On Behalf Of The Assessee & Shri Mrinmay Basak, Ld.Sr. Dr Appeared On Behalf Of The Revenue. 3. The Appeal Has Been Filed By The Assessee On 19.01.2025 & The Appeal Has Been Posted For Hearing On Multiple Occasions I.E. On 07.05.2025, 04.06.2025 & Today I.E. On 08.07.2025. None Appeared On Behalf Of The Assessee. Consequently, The Appeal Of The Assessee Is Being Disposed Off Ex-Parte. 4. It Was Submitted By The Ld. Sr. Dr That The Ld. Cit(A) Has Set Aside The Assessment Order & Restored The Issue To The File Of Ld. Assessing Officer For Readjudication, Insofar As The Assessee Has Been Non-

For Appellant: NoneFor Respondent: Shri Mrinmay Basak, Sr.DR

also considered this fact and restored the issue to the file of Assessing Officer for readjudication after granting the assessee adequate opportunity of being heard to substantiate his case. A perusal of the appeal folder also shows that there are defects in the appeal filed by the assessee, insofar