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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

Bright Land College, Lucknow vs. Income Tax Officer (Exemption), Lucknow

In the result, the appeal of the assessee is allowed

ITA 227/LKW/2022[2013-14]Status: DisposedITAT Lucknow25 Apr 2025AY 2013-14

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2013-14 Bright Land College, Vs. Income Tax Officer 538A / 543/5, Triveni Nagar (Exemption), Lucknow, The Sitapur Road, Lucknow Jurisdictional Assessing Officer Pan:Aaatb4391F (Appellant) (Respondent) Assessee By: Ms. Shweta Mittal, C.A. Revenue By: Sh. Sanjeev Krishna Sharma, Addl. Cit (Dr) Date Of Hearing: 02.04.2025 Date Of Pronouncement: 25.04.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Passed On 17.10.2022 Under Section 250 Of The Income Tax Act, 1961. The Grounds Of Appeal Preferred By The Assessee Are As Under:- “1. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Passing The Order, Which Is Unlawful, Unjustified & Against The Principles Of Natural Justice. 2. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Passing The Order Without Giving Adequate Opportunity Of Being Heard. 3. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Upholding Ad Hoc Disallowance Of Expense Of Rs. 1,54,57,795/- Against The Order Passed U/S 143(1) Of Income-Tax Act Without Following The Procedure Laid Down In Sub-Section (1) Of Section 143 Of Income-Tax Act, 1961. 4. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Not Granting Exemption U/S 11 & 12 Of The I. T. Act, 1961. 1 Bright Land College A.Y. 2013-14

For Appellant: Ms. Shweta Mittal, C.AFor Respondent: Sh. Sanjeev Krishna Sharma, Addl. CIT
Section 11Section 12(1)(b)Section 143Section 143(1)Section 234ASection 250

justice. 2. The Ld. Commissioner of Income-tax (Appeal) has erred in law and on facts in passing the order without giving adequate opportunity of being heard. 3. The Ld. Commissioner of Income-tax (Appeal) has erred in law and on facts in upholding ad hoc disallowance of expense

Shailesh Kumar Ishwarbhai Patel, Anand vs. The ITO, Ward-1, Anand

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

ITA 2015/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad25 Apr 2025AY 2013-14

Bench: Smt. Annapurna Guptaआयकर अपील सं./I.T.A. No. 2015/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2013-14) बनाम/ Shailesh Kumar The Ito Ishwarbhai Patel Ward 1, Anand Vs. Gandhi Pole, Vaherakhadi, Anand, Gujarat - 388365 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Auhpp1709Q (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Ms. Arti Shah, Ar. ""यथ" क" ओर से/Respondent By : Shri Nitin Kulkarni, Sr. Dr 17/04/2025 Date Of Hearing Date Of Pronouncement 25/04/2025 O R D E R The Present Appeal Has Been Filed By The Assessee Against The Order Passed By The Commissioner Of Income Tax(Appeals), National Faceless Appeal Centre (Nfac), Delhi (In Short ‘The Cit(A)’) Under Section 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) Dated 30.09.2024 Pertaining To Assessment Year 2013- 14. 2. The Grounds Raised In The Appeal By The Assessee Are As Under:

For Appellant: Ms. Arti Shah, ARFor Respondent: Shri Nitin Kulkarni, Sr. DR
Section 250Section 271(1)(c)Section 69A

condoning the bona-fide and genuine delay caused in filling appeal before him. The CIT(A) also erred in not providing sufficient opportunity of being heard during the course of hearing which voids the principles of natural justice and therefore may please be set-aside. 2. The learned CIT(Appeals

Vijayakumar K Valayathodiyil, Chennai vs. ACIT, Ncc-22(1), Tambaram

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

ITA 405/CHNY/2025[2014-15]Status: DisposedITAT Chennai25 Apr 2025AY 2014-15

Bench: Shri George George K & Shri Amitabh Shuklaआयकर अपील सं./Ita No.403/Chny/2025, Assessment Years: 2012-13 आयकर अपील सं./Ita No.404/Chny/2025, Assessment Years: 2013-14 आयकर अपील सं./Ita No.405/Chny/2025, Assessment Years: 2014-15 [ Vijayakumar K Valayathodiyil Assistant Commissioner Of No.A-302, Purva Swan Lake, Income Tax, Renugambal Nagar, Omr, Non-Corporate Circle-22(1),(Tbm), Kelambakkam, Chennai. Chennai-603 103. [Pan: Adkpv1734B] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri D.Anand, Advocate प्रत्यर्थी की ओर से /Revenue By : Shri M.Rajan, Cit सुनवाई की तारीख/Date Of Hearing : 22.04.2025 घोषणा की तारीख /Date Of Pronouncement : 25.04.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri D.Anand, AdvocateFor Respondent: Shri M.Rajan, CIT

405/Chny/2025 matter after considering condonation of the delay in filing the appeal before him. The Ld.First Appellate Authority shall give due opportunity of being heard to the assessee and pass a speaking order on merits. If required, he may obtain a remand report from the Ld.AO. The assessee shall comply

Vijayakumar K Valayathodiyil, Chennai vs. ACIT, Nc-22(1), Tambaram

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

ITA 404/CHNY/2025[2013-14]Status: DisposedITAT Chennai25 Apr 2025AY 2013-14

Bench: Shri George George K & Shri Amitabh Shuklaआयकर अपील सं./Ita No.403/Chny/2025, Assessment Years: 2012-13 आयकर अपील सं./Ita No.404/Chny/2025, Assessment Years: 2013-14 आयकर अपील सं./Ita No.405/Chny/2025, Assessment Years: 2014-15 [ Vijayakumar K Valayathodiyil Assistant Commissioner Of No.A-302, Purva Swan Lake, Income Tax, Renugambal Nagar, Omr, Non-Corporate Circle-22(1),(Tbm), Kelambakkam, Chennai. Chennai-603 103. [Pan: Adkpv1734B] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri D.Anand, Advocate प्रत्यर्थी की ओर से /Revenue By : Shri M.Rajan, Cit सुनवाई की तारीख/Date Of Hearing : 22.04.2025 घोषणा की तारीख /Date Of Pronouncement : 25.04.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri D.Anand, AdvocateFor Respondent: Shri M.Rajan, CIT

405/Chny/2025 matter after considering condonation of the delay in filing the appeal before him. The Ld.First Appellate Authority shall give due opportunity of being heard to the assessee and pass a speaking order on merits. If required, he may obtain a remand report from the Ld.AO. The assessee shall comply

Vijayakumar K Valayathodiyil, Chennai vs. ACIT, Ncc-22(1), Tambaram

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

ITA 403/CHNY/2025[2012-13]Status: DisposedITAT Chennai25 Apr 2025AY 2012-13

Bench: Shri George George K & Shri Amitabh Shuklaआयकर अपील सं./Ita No.403/Chny/2025, Assessment Years: 2012-13 आयकर अपील सं./Ita No.404/Chny/2025, Assessment Years: 2013-14 आयकर अपील सं./Ita No.405/Chny/2025, Assessment Years: 2014-15 [ Vijayakumar K Valayathodiyil Assistant Commissioner Of No.A-302, Purva Swan Lake, Income Tax, Renugambal Nagar, Omr, Non-Corporate Circle-22(1),(Tbm), Kelambakkam, Chennai. Chennai-603 103. [Pan: Adkpv1734B] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri D.Anand, Advocate प्रत्यर्थी की ओर से /Revenue By : Shri M.Rajan, Cit सुनवाई की तारीख/Date Of Hearing : 22.04.2025 घोषणा की तारीख /Date Of Pronouncement : 25.04.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri D.Anand, AdvocateFor Respondent: Shri M.Rajan, CIT

405/Chny/2025 matter after considering condonation of the delay in filing the appeal before him. The Ld.First Appellate Authority shall give due opportunity of being heard to the assessee and pass a speaking order on merits. If required, he may obtain a remand report from the Ld.AO. The assessee shall comply

Assistant Commissioner of Income Tax Corporate Circle 1 1, Chennai vs. Il and Fs Tamilnadu Power Company Limited, Chennai

ITA 1694/CHNY/2024[2018-19]Status: DisposedITAT Chennai25 Apr 2025AY 2018-19

Bench: Hon’Ble Shri Manu Kumar Giri & Hon'Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.1332/Chny/2024, Assessment Years: 2018-19 आयकर अपील सं./Ita No.1694/Chny/2024, Assessment Years: 2018-19 Il & Fs Tamil Nadu Power Company Limited, Deputy Commissioner Of Income Tax, Old No.21, New No.2, Kpr Tower, 4Th Floor, Greams Road, S.O, Nungambakkam Chennai-600 006. [Pan: Aabcf1176A] Corporate Circle-1(1), Chennai आयकर अपील सं./Ita No.1694/Chny/2024, Assessment Years: 2018-19 Deputy Commissioner Of Income Tax, Corporate Circle-1(1), Chennai Il & Fs Tamil Nadu Power Company Limited, Old No.21, New No.2, Kpr Tower, 4Th Floor, Greams Road, S.O, Nungambakkam Chennai-600 006. [Pan: Aabcf1176A] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri.Ashwin, Ca प्रत्यर्थी की ओर से /Revenue By : Shri Shivanand K Kalakeri, Cit सुनवाई की तारीख/Date Of Hearing : 26.03.2025 घोषणा की तारीख /Date Of Pronouncement : 25.04.2025 आदेश / Order Per Amitabh Shukla, A.M : The Below Mentioned Appeals Have Been Filed By The Appellant Assessee & Revenue For Ay-2018-19 Contesting The Order Of Ld. First Appellate Authority Indicated In Column-E, Herein Below:- S. No. A Appeal Nos. B Ays C Appellant D Cit(A) Order Details E Respondent F 1

For Appellant: Shri.Ashwin, CAFor Respondent: Shri Shivanand K Kalakeri, CIT

first issue raised by the assessee through its grounds of appeal is regarding the violation of principles of natural justice stating that proper opportunity of being heard was not given. The Ld. Counsel for the assessee submitted that emails were sent on the email address of former employee and hence