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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

Damodar Dehury, Keonjhar vs. ITO, Keonjhar Ward

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

ITA 9/CTK/2025[2017-18]Status: DisposedITAT Cuttack07 Apr 2025AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.09/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2017-2018) Damodar Dehury, Vs Ito, Ward Keonjhar Mushakhori Swampatna, Keonjhar-758030 Pan No. :Abppd 6459 G (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Sandeep Kumar Jena, Advocate राजस्व की ओर से /Revenue By : Shri S.C.Mohanty,Sr. Dr सुनवाई की तारीख / Date Of Hearing : 07/04/2025 घोषणा की तारीख/Date Of Pronouncement : 07/04/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 22.04.2024, Passed In Itba/Nfac/S/250/2024-25/1064258728(1) For The Assessment Year 2017-2018. 2. On Perusal Of The Appeal Record, It Is Found That The Appeal Of The Assessee Is Filed Belatedly By 185 Days. In This Regard, The Assessee Has Filed Condonation Application Supported With Medical Documents. Considering The Ailments Suffered By The Assessee As Has Been Stated In The Application, Which Has Also Been Supported By Medical Prescriptions, We Condone The Delay Of 185 Days & Appeal Is Heard Finally.

For Appellant: Shri Sandeep Kumar Jena, AdvocateFor Respondent: Shri S.C.Mohanty,Sr. DR

this appeal are restored to 3 the file of the ld. AO for readjudication the issues afresh after granting the assessee adequate opportunity of being heard. 7. In the result, appeal of assessee is allowed for statistical purposes. Order dictated and pronounced in the open court on 07/04/2025. (राजेश कुमार

Ambika Sahoo, Jajpur vs. The Assistant Commissioner of Income Tax Central Circle, Cuttack

In the result, all the appeals of assessee are allowed for statistical purposes

ITA 82/CTK/2025[2020-21]Status: DisposedITAT Cuttack07 Apr 2025AY 2020-21

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.75 To 82/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2017-2018 & 2020-2021) Ambika Sahoo, Vs Acit, Centra Circle, Cuttack At-Babuganj Bazar, Po: Chhatia, Dist : Jajpur-754023 Pan No. :Bqxps 1736 F (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr & Shri S.C.Mohanty,Sr. Dr सुनवाई की तारीख / Date Of Hearing : 07/04/2025 घोषणा की तारीख/Date Of Pronouncement : 07/04/2025 आदेश / O R D E R Per Bench : These Are The Appeals Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, All Dated 14.12.2024, For The Assessment Years 2017-2018 & 2020-2021. 2. Since The Issue Involved In All The Appeals Are Similar, Therefore, All The Appeals Are Heard & Disposed Off By This Consolidated Order. Facts Mentioned In Ita No.75/Ctk/2025 Shall Be Taken Into Considering For Deciding All The Appeals. 3. It Was Submitted By The Ld. Ar That The Assessee Is An Individual, Deriving Income From Business As A Super Distributor Of Fmcg Products In The Name & Style Of M/S Ambika Agency. The Assessing Officer Framed Assessment Order U/S.147 R.W.S.144 Of The Act Assessing Total Income Of 2

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 147

appeals are restored to the file of the ld. AO for readjudication the issues afresh after granting the assessee adequate opportunity of being heard, subject to a payment of cost of Rs.2000/-(Rupees Two Thousand only) each in all the appeals by the assessee to the Income Tax Appellate Tribunal

Ambika Sahoo, Jajpur vs. The Assistant Commissioner of Income Tax Central Circle Cuttack, Cuttack

In the result, all the appeals of assessee are allowed for statistical purposes

ITA 80/CTK/2025[2020-21]Status: DisposedITAT Cuttack07 Apr 2025AY 2020-21

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.75 To 82/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2017-2018 & 2020-2021) Ambika Sahoo, Vs Acit, Centra Circle, Cuttack At-Babuganj Bazar, Po: Chhatia, Dist : Jajpur-754023 Pan No. :Bqxps 1736 F (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr & Shri S.C.Mohanty,Sr. Dr सुनवाई की तारीख / Date Of Hearing : 07/04/2025 घोषणा की तारीख/Date Of Pronouncement : 07/04/2025 आदेश / O R D E R Per Bench : These Are The Appeals Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, All Dated 14.12.2024, For The Assessment Years 2017-2018 & 2020-2021. 2. Since The Issue Involved In All The Appeals Are Similar, Therefore, All The Appeals Are Heard & Disposed Off By This Consolidated Order. Facts Mentioned In Ita No.75/Ctk/2025 Shall Be Taken Into Considering For Deciding All The Appeals. 3. It Was Submitted By The Ld. Ar That The Assessee Is An Individual, Deriving Income From Business As A Super Distributor Of Fmcg Products In The Name & Style Of M/S Ambika Agency. The Assessing Officer Framed Assessment Order U/S.147 R.W.S.144 Of The Act Assessing Total Income Of 2

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 147

appeals are restored to the file of the ld. AO for readjudication the issues afresh after granting the assessee adequate opportunity of being heard, subject to a payment of cost of Rs.2000/-(Rupees Two Thousand only) each in all the appeals by the assessee to the Income Tax Appellate Tribunal

Ambika Sahoo, Jajpur vs. The Assistant Commissioner of Income Tax, Central Circle, Cuttack

In the result, all the appeals of assessee are allowed for statistical purposes

ITA 78/CTK/2025[2020-21]Status: DisposedITAT Cuttack07 Apr 2025AY 2020-21

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.75 To 82/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2017-2018 & 2020-2021) Ambika Sahoo, Vs Acit, Centra Circle, Cuttack At-Babuganj Bazar, Po: Chhatia, Dist : Jajpur-754023 Pan No. :Bqxps 1736 F (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr & Shri S.C.Mohanty,Sr. Dr सुनवाई की तारीख / Date Of Hearing : 07/04/2025 घोषणा की तारीख/Date Of Pronouncement : 07/04/2025 आदेश / O R D E R Per Bench : These Are The Appeals Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, All Dated 14.12.2024, For The Assessment Years 2017-2018 & 2020-2021. 2. Since The Issue Involved In All The Appeals Are Similar, Therefore, All The Appeals Are Heard & Disposed Off By This Consolidated Order. Facts Mentioned In Ita No.75/Ctk/2025 Shall Be Taken Into Considering For Deciding All The Appeals. 3. It Was Submitted By The Ld. Ar That The Assessee Is An Individual, Deriving Income From Business As A Super Distributor Of Fmcg Products In The Name & Style Of M/S Ambika Agency. The Assessing Officer Framed Assessment Order U/S.147 R.W.S.144 Of The Act Assessing Total Income Of 2

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 147

appeals are restored to the file of the ld. AO for readjudication the issues afresh after granting the assessee adequate opportunity of being heard, subject to a payment of cost of Rs.2000/-(Rupees Two Thousand only) each in all the appeals by the assessee to the Income Tax Appellate Tribunal

Ambika Sahoo, Jajpur vs. The Assistant Commissioner of Income Tax, Central Circle, Cuttack

In the result, all the appeals of assessee are allowed for statistical purposes

ITA 77/CTK/2025[2017-18]Status: DisposedITAT Cuttack07 Apr 2025AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.75 To 82/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2017-2018 & 2020-2021) Ambika Sahoo, Vs Acit, Centra Circle, Cuttack At-Babuganj Bazar, Po: Chhatia, Dist : Jajpur-754023 Pan No. :Bqxps 1736 F (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr & Shri S.C.Mohanty,Sr. Dr सुनवाई की तारीख / Date Of Hearing : 07/04/2025 घोषणा की तारीख/Date Of Pronouncement : 07/04/2025 आदेश / O R D E R Per Bench : These Are The Appeals Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, All Dated 14.12.2024, For The Assessment Years 2017-2018 & 2020-2021. 2. Since The Issue Involved In All The Appeals Are Similar, Therefore, All The Appeals Are Heard & Disposed Off By This Consolidated Order. Facts Mentioned In Ita No.75/Ctk/2025 Shall Be Taken Into Considering For Deciding All The Appeals. 3. It Was Submitted By The Ld. Ar That The Assessee Is An Individual, Deriving Income From Business As A Super Distributor Of Fmcg Products In The Name & Style Of M/S Ambika Agency. The Assessing Officer Framed Assessment Order U/S.147 R.W.S.144 Of The Act Assessing Total Income Of 2

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 147

appeals are restored to the file of the ld. AO for readjudication the issues afresh after granting the assessee adequate opportunity of being heard, subject to a payment of cost of Rs.2000/-(Rupees Two Thousand only) each in all the appeals by the assessee to the Income Tax Appellate Tribunal

Ambika Sahoo, Jajpur vs. The Assistant Commissioner of Income Tax, Central Circle, Cuttack

In the result, all the appeals of assessee are allowed for statistical purposes

ITA 76/CTK/2025[2017-18]Status: DisposedITAT Cuttack07 Apr 2025AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.75 To 82/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2017-2018 & 2020-2021) Ambika Sahoo, Vs Acit, Centra Circle, Cuttack At-Babuganj Bazar, Po: Chhatia, Dist : Jajpur-754023 Pan No. :Bqxps 1736 F (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr & Shri S.C.Mohanty,Sr. Dr सुनवाई की तारीख / Date Of Hearing : 07/04/2025 घोषणा की तारीख/Date Of Pronouncement : 07/04/2025 आदेश / O R D E R Per Bench : These Are The Appeals Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, All Dated 14.12.2024, For The Assessment Years 2017-2018 & 2020-2021. 2. Since The Issue Involved In All The Appeals Are Similar, Therefore, All The Appeals Are Heard & Disposed Off By This Consolidated Order. Facts Mentioned In Ita No.75/Ctk/2025 Shall Be Taken Into Considering For Deciding All The Appeals. 3. It Was Submitted By The Ld. Ar That The Assessee Is An Individual, Deriving Income From Business As A Super Distributor Of Fmcg Products In The Name & Style Of M/S Ambika Agency. The Assessing Officer Framed Assessment Order U/S.147 R.W.S.144 Of The Act Assessing Total Income Of 2

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 147

appeals are restored to the file of the ld. AO for readjudication the issues afresh after granting the assessee adequate opportunity of being heard, subject to a payment of cost of Rs.2000/-(Rupees Two Thousand only) each in all the appeals by the assessee to the Income Tax Appellate Tribunal

Ambika Sahoo, Jajpur vs. The Assistant Commissioner of Income Tax, Central Circle, Cuttack

In the result, all the appeals of assessee are allowed for statistical purposes

ITA 75/CTK/2025[2017-18]Status: DisposedITAT Cuttack07 Apr 2025AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.75 To 82/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2017-2018 & 2020-2021) Ambika Sahoo, Vs Acit, Centra Circle, Cuttack At-Babuganj Bazar, Po: Chhatia, Dist : Jajpur-754023 Pan No. :Bqxps 1736 F (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr & Shri S.C.Mohanty,Sr. Dr सुनवाई की तारीख / Date Of Hearing : 07/04/2025 घोषणा की तारीख/Date Of Pronouncement : 07/04/2025 आदेश / O R D E R Per Bench : These Are The Appeals Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, All Dated 14.12.2024, For The Assessment Years 2017-2018 & 2020-2021. 2. Since The Issue Involved In All The Appeals Are Similar, Therefore, All The Appeals Are Heard & Disposed Off By This Consolidated Order. Facts Mentioned In Ita No.75/Ctk/2025 Shall Be Taken Into Considering For Deciding All The Appeals. 3. It Was Submitted By The Ld. Ar That The Assessee Is An Individual, Deriving Income From Business As A Super Distributor Of Fmcg Products In The Name & Style Of M/S Ambika Agency. The Assessing Officer Framed Assessment Order U/S.147 R.W.S.144 Of The Act Assessing Total Income Of 2

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 147

appeals are restored to the file of the ld. AO for readjudication the issues afresh after granting the assessee adequate opportunity of being heard, subject to a payment of cost of Rs.2000/-(Rupees Two Thousand only) each in all the appeals by the assessee to the Income Tax Appellate Tribunal

Gohel Kelavani Trust, Rajkot vs. CIT Exemptions, Ahmedabad

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

ITA 46/RJT/2024[Not Applicable]Status: DisposedITAT Rajkot07 Apr 2025

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./I.T.A. No.46/Rjt/2024 (िनधा"रण वष" / Assessment Year : -Na-) Gohel Kelavani Trust बनाम/ The Cit (Exemptions) 112, Aditya Centre, Rajkot Ahmedabad – 380 015 Vs. Rajkot – 360 001 (Gujarat) "ायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatg 1452 C (अपीलाथ" /Appellant) .. (""थ" / Respondent) Assessee By : Shri Ashok Mehta, Ld.Ar Revenue By : Shri Sanjay Punglia, Ld. Cit(Dr) सुनवाई की तारीख / Date Of Hearing 17 /03/2025 घोषणा की तारीख /Date Of Pronouncement 7 /04/2025 आदेश / O R D E R Per Dinesh Mohan Sinha: This Appeal By The Assessee Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Exemption), Ahmedabad [Hereinafter Referred To As “Cit(E)”], Dated 09/01/2024, Rejecting The Application For Registration Under Section 12Ab Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

For Appellant: Shri Ashok Mehta, Ld.ARFor Respondent: Shri Sanjay Punglia, Ld. CIT(DR)
Section 10Section 11Section 12ASection 12A(1)(ac)Section 80G

Exemptions (Ahmedabad) erred in rejecting the 12A application filed by the trust. 2. The Learned CIT-Exemptions (Ahmedabad) erred in not granting enough opportunity of being heard to the trust to represent the matter in spite of specific request made for personal hearing ignoring the judgment of Hon'ble Gujarat ... claim. At the same time, the Ld. CIT(E) shall decide the matter on merits and in accordance with law, after granting due opportunity of being heard. The assessee may also be permitted to make necessary correction in the application in Form No.10AB under sub-clause (iii) of clause