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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

All India Council for Human Rights Liberties and Social Justice, Delhi vs. CIT Exemption, Delhi

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

ITA 793/DEL/2025[2025-26]Status: DisposedITAT Delhi14 May 2025AY 2025-26

Bench: Shri Mahavir Singh & Shri Manish Agarwalasstt. Year : 2025-26 All India Council For Human Vs. Cit (Exemptions) Rights Liberties & Social Civic Centre, New Delhi Justice, H-10, Basement Ndse Part-I, New Delhi – 49 (Pan: Aacaa6105H) (Appellant) (Respondent) Appellant By : None Respondent By : Sh. Dayainder Singh Sidhu, Cit(Dr) Date Of Hearing 14.05.2025 Date Of Pronouncement 14.05.2025 Order Per Mahavir Singh: This Appeal Has Been Filed By The Assessee Against The Order Dated 13.12.2024 Passed By The Cit (Exemption), New Delhi For The Assessment Year 2025-26. 2. None Appeared On Behalf Of The Assessee, Hence, We Are Proceeding The Appeal Exparte Qua The Assessee. 3. We Have Heard The Ld. Dr & Perused The Records. Upon Careful Consideration, We Find That It Was The Contention Of The Assessee That Ld. Cit(E) Erred In Holding That The Information Sought In The Questionnaire Was Applicable To Trusts That Were Not Registered Under Section 80G Under The Old Law Before The 2021 Amendment. However, The Assessee Trust Was Already Registered Under Section 80G

For Appellant: NoneFor Respondent: Sh. Dayainder Singh Sidhu, CIT(DR)
Section 80G

dispute afresh, after passing a reasonable and speaking order, in accordance with law. Needless to add that the assessee should be given adequate opportunity of being heard to the assessee. Assessee is also directed to fully cooperate with the Ld.CIT(E) during the proceedings. 4. In the result, the Assessee