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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

Dnyankala Sanvardhini Sanstha, Pune vs. ITO Exemption Ward 1(2), Pune

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

ITA 794/PUN/2025[2016-17]Status: FixedITAT Pune15 May 2025AY 2016-17

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.791/Pun/2025 िनधा"रण वष" / Assessment Year: 2017-18 Manju Rameshchandra Mutha, V The Income Tax Office, Om Shanti Complex, Nehru S Ward-1, Jalna. Road, Dist-Jalna – 431203. Maharashtra. Pan: Aztpm9323L Appellant/ Assessee Respondent / Revenue Assessee By Shri Prateek Jha – Ar Revenue By Shri Madhan Thirmanpalli – Addl.Cit(Dr) Date Of Hearing 14/05/2025 Date Of Pronouncement 15/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961; Dated 10.02.2025 For Assessment Year 2017-18. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & Circumstances Prevaling In The Case, The Hon'Ble Commissioner Of Appeal (Nfac) Has Erred In Confirming The Addition

Section 250Section 250(4)Section 250(6)Section 251(1)(a)Section 44Section 44ASection 69A

without discussing each and every ground and merits of the case and merely dismissed for non-compliance. Hence, ld.AR requested for one more opportunity of being heard to the assessee. Submission of ld.Departmental Representative(ld.DR) : 3. The ld.DR for the Revenue relied on the order of Assessing Officer

Paschim Nawpara Samabay Krishi Unnayan Samity Limited, Nadia vs. ITO, Ward - 41(3), Nadia

The appeal of the assessee is allowed for statistical purposes

ITA 39/KOL/2025[2017-18]Status: DisposedITAT Kolkata15 May 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.39/Kol/2025 Assessment Year: 2017-18 Paschim Nawpara Samabay Krishi Unnayan Samity Limited...….……….Appellant Nawpara, Noapara B.O. Paschim Noapara, Nadia, 741255, W.B. [Pan: Aadap3765F] Vs. Ito, Ward-41(3), Nadia…………….....................……........……...…..…..Respondent Appearances By: Shri P. K. Ray, R.C. Halder & Trideep Nayak, Advocates, Appeared On Behalf Of The Assessee. Shri Archana Gupta, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 14, 2025 Date Of Pronouncing The Order : May 15, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 24.01.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, It Is Noted That There Is A Delay Of 282 Days In Filing The Instant Appeal Before The Tribunal. The Assessee Has Submitted An Application For Condonation Of Such Delay Explaining Reasons For The Delay. We, After Perusing The Petition Made In The Application, Satisfy That There Are Bona Fide & Sufficient Reasons For Such Delay. We, Therefore, Condone The Delay & Admit This Appeal For Adjudication. 3. Brief Facts Of The Case Are That The Assessing Officer Received Information Regarding Cash Deposits Made By The Assessee During The Period Of Demonetization I.E. From 09.11.2016 To 31.12.2016 Amounting To Rs.2,46,000/- & Rs.8,48,500/- Maintained With Nadia District Central Co-Op Bank Ltd., Ranaghat Branch, Nadia & Rs.2,19,500/-

Section 115BSection 133(6)Section 142(1)Section 250Section 250(6)Section 271ASection 69A

that the matter may be remanded back the issue to the file of the ld. CIT(A) for fresh adjudication after giving reasonable opportunity of being heard to the assessee to present its case. 5. On the other hand, the ld. DR strongly opposed to such prayer made ... justice and fair play, remand back the issue to the file of the ld. CIT(A) for fresh adjudication after giving reasonable opportunity of being heard to the assessee to present its case and to pass a speaking order. We also direct the assessee to strictly comply with the notices

Om Siddhi Vijay Mandal, Mumbai vs. Commissioner of Income Tax (Exemption), Mumbai

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

ITA 1798/MUM/2025[N.A ]Status: DisposedITAT Mumbai15 May 2025

Bench: Shri Narender Kumar Choudhry & Smt. Renu Jauhriआयकर अपील सं./Ita No. 1798/Mum/2025 (निर्धारण वर्ष / Assessment Year :N.A.) Om Siddhi Vijay Mandal 9/162, Khimji Nagji Building, Senapati Bapat Marg, Lower Parel (W.), Mumbai-400013 V/S. Cit(Exemption), Mumbai बनाम Room No. 601, 6Th Floor, Cumballa Hill, Mtnl Te Building, Pedder Road, Dr. Gopalrao Deshmukh Marg, Mumbai-400026 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaato5189J Appellant/अपीलार्थी .. Respondent/प्रतिवादी निर्धारिती की ओर से /Assessee By: Ms. Neha Paranjpe राजस्व की ओर से /Revenue By: Mr. R. A. Dhyani सुनवाई की तारीख / Date Of Hearing 30.04.2025 घोषणा की तारीख/Date Of Pronouncement 15.05.2025 आदेश / Order Per Renu Jauhri [Α.Μ.] :- This Appeal Is Filed By The Assessee Against The Order Of The Learned Commissioner Of Income-Tax (Exemptions), Mumbai-/National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)"] Dated 29.12.2024 Passed U/S.250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “Act”]. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Ms. Neha ParanjpeFor Respondent: Mr. R. A. Dhyani
Section 12ASection 250

fresh adjudication after examining the details of the expenditure submitted by it. Needless to add, the assessee should be given due opportunity of being heard before deciding the application for registration. 6. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open