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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

Proxima Creations, Pune vs. PCIT, Pune-2, Pune

In the result, the appeal filed by the assessee is dismissed

ITA 1041/PUN/2024[2018-19]Status: DisposedITAT Pune03 Jun 2025AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1041/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Proxima Creations, Vs. Pcit, Pune-2. Prop. -1, Business Centre, Level-1, Senapati Bapat Road, Pune- 411016. Pan : Aakfp9790Q Appellant Respondent Assessee By : None Revenue By : Shri Ajay Kumar Keshari Date Of Hearing : 08.04.2025 Date Of Pronouncement : 03.06.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.03.2024 Passed By Ld. Pcit, Pune-2 [Ld. Pcit’] For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. Order Passed By The Ld. Principal Cit U/S 263 Is Not Tenable Either In Law Or In The Facts Of The Case As The Order Passed By The Ao U/S 144 Did Not Contain Any Error Which Was Prejudicial To The Interest Of Revenue. 2. Order Passed By The Additional Principal Cit U/S 263 Is Bad In Law Being Violative Of Principle Of Natural Justice. 3. The Ld. Principal Cit Has Erred In Holding That Two Different Sets Of Profit & Loss Accounts Were Prepared By The Assessee.

For Appellant: NoneFor Respondent: Shri Ajay Kumar Keshari
Section 143(2)Section 144Section 263Section 45(4)

made in this order. The assessment is to be completed within the stipulated time-frame after conducting the necessary enquiries and giving due opportunity of being heard to the assessee. Further, wherever applicable, the Assessing Officer is also directed to initiate penalty and prosecution proceedings as per the provisions

Paulpandian Uthamaraj Winston, Chennai vs. PCIT, Central Circle-1, Chennai

In the result, all the appeals filed by both the assessees are allowed

ITA 425/CHNY/2025[2018-19]Status: DisposedITAT Chennai03 Jun 2025AY 2018-19

Bench: Shri S.S.Viswanethra Ravi & Shri S. R. Raghunathaआयकरअपीलसं/.Ita Nos.:418 To 421/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Perinba Raja Ramesh, Pcit (Central) No.37, Rameswaram Road, T.Nagar, Vs. Chennai-1 Chennai-600 017. [Pan: Adfpp-5207-J] (प्रत्यथी/Respondent) (अपीलाथी/Appellant) & आयकरअपीलसं/.Ita Nos.:422 To 425/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Paulpandianuthamaraj Pcit (Central) Winston, Vs. Chennai-1 No.37, Rameswaram Road, T.Nagar, Chennai-600 017. [Pan: Aabpu-5409-L] (प्रत्यथी/Respondent) (अपीलाथी/Appellant)

For Appellant: Shri Y.Sridhar, F.C.AFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 133ASection 142(1)Section 147Section 24Section 263Section 263(1)

well as prejudicial to the interest of Revenue as per Clause (a) of Explanation 2 to Sec. 263 and without providing adequate opportunity of being heard to the assessee, the order u/s.263 was passed, to examine a specific issue of allowance of interest u/s.24(b), as according to the Pr.CIT ... erroneous in so far as it is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify

Paulpandian Uthamaraj Winston, Chennai vs. PCIT, Central Circle-1, Chennai

In the result, all the appeals filed by both the assessees are allowed

ITA 424/CHNY/2025[2016-17]Status: DisposedITAT Chennai03 Jun 2025AY 2016-17

Bench: Shri S.S.Viswanethra Ravi & Shri S. R. Raghunathaआयकरअपीलसं/.Ita Nos.:418 To 421/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Perinba Raja Ramesh, Pcit (Central) No.37, Rameswaram Road, T.Nagar, Vs. Chennai-1 Chennai-600 017. [Pan: Adfpp-5207-J] (प्रत्यथी/Respondent) (अपीलाथी/Appellant) & आयकरअपीलसं/.Ita Nos.:422 To 425/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Paulpandianuthamaraj Pcit (Central) Winston, Vs. Chennai-1 No.37, Rameswaram Road, T.Nagar, Chennai-600 017. [Pan: Aabpu-5409-L] (प्रत्यथी/Respondent) (अपीलाथी/Appellant)

For Appellant: Shri Y.Sridhar, F.C.AFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 133ASection 142(1)Section 147Section 24Section 263Section 263(1)

well as prejudicial to the interest of Revenue as per Clause (a) of Explanation 2 to Sec. 263 and without providing adequate opportunity of being heard to the assessee, the order u/s.263 was passed, to examine a specific issue of allowance of interest u/s.24(b), as according to the Pr.CIT ... erroneous in so far as it is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify

Paulpandian Uthamaraj Winston, Chennai vs. PCIT, Central Circle-1, Chennai

In the result, all the appeals filed by both the assessees are allowed

ITA 423/CHNY/2025[2015-16]Status: DisposedITAT Chennai03 Jun 2025AY 2015-16

Bench: Shri S.S.Viswanethra Ravi & Shri S. R. Raghunathaआयकरअपीलसं/.Ita Nos.:418 To 421/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Perinba Raja Ramesh, Pcit (Central) No.37, Rameswaram Road, T.Nagar, Vs. Chennai-1 Chennai-600 017. [Pan: Adfpp-5207-J] (प्रत्यथी/Respondent) (अपीलाथी/Appellant) & आयकरअपीलसं/.Ita Nos.:422 To 425/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Paulpandianuthamaraj Pcit (Central) Winston, Vs. Chennai-1 No.37, Rameswaram Road, T.Nagar, Chennai-600 017. [Pan: Aabpu-5409-L] (प्रत्यथी/Respondent) (अपीलाथी/Appellant)

For Appellant: Shri Y.Sridhar, F.C.AFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 133ASection 142(1)Section 147Section 24Section 263Section 263(1)

well as prejudicial to the interest of Revenue as per Clause (a) of Explanation 2 to Sec. 263 and without providing adequate opportunity of being heard to the assessee, the order u/s.263 was passed, to examine a specific issue of allowance of interest u/s.24(b), as according to the Pr.CIT ... erroneous in so far as it is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify

Paulpandian Uthamaraj Winston, Chennai vs. PCIT, Central Circle-1, Chennai

In the result, all the appeals filed by both the assessees are allowed

ITA 422/CHNY/2025[2014-15]Status: DisposedITAT Chennai03 Jun 2025AY 2014-15

Bench: Shri S.S.Viswanethra Ravi & Shri S. R. Raghunathaआयकरअपीलसं/.Ita Nos.:418 To 421/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Perinba Raja Ramesh, Pcit (Central) No.37, Rameswaram Road, T.Nagar, Vs. Chennai-1 Chennai-600 017. [Pan: Adfpp-5207-J] (प्रत्यथी/Respondent) (अपीलाथी/Appellant) & आयकरअपीलसं/.Ita Nos.:422 To 425/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Paulpandianuthamaraj Pcit (Central) Winston, Vs. Chennai-1 No.37, Rameswaram Road, T.Nagar, Chennai-600 017. [Pan: Aabpu-5409-L] (प्रत्यथी/Respondent) (अपीलाथी/Appellant)

For Appellant: Shri Y.Sridhar, F.C.AFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 133ASection 142(1)Section 147Section 24Section 263Section 263(1)

well as prejudicial to the interest of Revenue as per Clause (a) of Explanation 2 to Sec. 263 and without providing adequate opportunity of being heard to the assessee, the order u/s.263 was passed, to examine a specific issue of allowance of interest u/s.24(b), as according to the Pr.CIT ... erroneous in so far as it is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify

Perinba Raja Ramesh, Chennai vs. PCIT, Central Circle-1, Chennai

In the result, all the appeals filed by both the assessees are allowed

ITA 421/CHNY/2025[2018-19]Status: DisposedITAT Chennai03 Jun 2025AY 2018-19

Bench: Shri S.S.Viswanethra Ravi & Shri S. R. Raghunathaआयकरअपीलसं/.Ita Nos.:418 To 421/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Perinba Raja Ramesh, Pcit (Central) No.37, Rameswaram Road, T.Nagar, Vs. Chennai-1 Chennai-600 017. [Pan: Adfpp-5207-J] (प्रत्यथी/Respondent) (अपीलाथी/Appellant) & आयकरअपीलसं/.Ita Nos.:422 To 425/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Paulpandianuthamaraj Pcit (Central) Winston, Vs. Chennai-1 No.37, Rameswaram Road, T.Nagar, Chennai-600 017. [Pan: Aabpu-5409-L] (प्रत्यथी/Respondent) (अपीलाथी/Appellant)

For Appellant: Shri Y.Sridhar, F.C.AFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 133ASection 142(1)Section 147Section 24Section 263Section 263(1)

well as prejudicial to the interest of Revenue as per Clause (a) of Explanation 2 to Sec. 263 and without providing adequate opportunity of being heard to the assessee, the order u/s.263 was passed, to examine a specific issue of allowance of interest u/s.24(b), as according to the Pr.CIT ... erroneous in so far as it is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify

Perinba Raja Ramesh, Chennai vs. PCIT, Central Circle-1, Chennai

In the result, all the appeals filed by both the assessees are allowed

ITA 420/CHNY/2025[2016-17]Status: DisposedITAT Chennai03 Jun 2025AY 2016-17

Bench: Shri S.S.Viswanethra Ravi & Shri S. R. Raghunathaआयकरअपीलसं/.Ita Nos.:418 To 421/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Perinba Raja Ramesh, Pcit (Central) No.37, Rameswaram Road, T.Nagar, Vs. Chennai-1 Chennai-600 017. [Pan: Adfpp-5207-J] (प्रत्यथी/Respondent) (अपीलाथी/Appellant) & आयकरअपीलसं/.Ita Nos.:422 To 425/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Paulpandianuthamaraj Pcit (Central) Winston, Vs. Chennai-1 No.37, Rameswaram Road, T.Nagar, Chennai-600 017. [Pan: Aabpu-5409-L] (प्रत्यथी/Respondent) (अपीलाथी/Appellant)

For Appellant: Shri Y.Sridhar, F.C.AFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 133ASection 142(1)Section 147Section 24Section 263Section 263(1)

well as prejudicial to the interest of Revenue as per Clause (a) of Explanation 2 to Sec. 263 and without providing adequate opportunity of being heard to the assessee, the order u/s.263 was passed, to examine a specific issue of allowance of interest u/s.24(b), as according to the Pr.CIT ... erroneous in so far as it is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify