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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

Kseb Employees Co Op Society, Kallarkutty vs. ITO, Ward 1 & Tps, Thodupuzha

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

ITA 593/COCH/2024[2020-21]Status: DisposedITAT Cochin02 Apr 2025AY 2020-21

Bench: Shri Inturi Rama Rao & Shri Keshav Dubeyassessment Year: 2020-21 Kseb Employees Co-Op. Society Kallarkutty Kallarkutty Po Assessment Unit Vs. Idukki 685 562 Nfac Kerala Delhi Pan No : Aacak8820H Appellant Respondent Appellant By : Shri Mathew Joseph, A.R. Respondent By : Smt. Leena Lal, Sr. D.R. Date Of Hearing : 20.02.2025 Date Of Pronouncement : 02.04.2025 O R D E R Per Keshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Ld. Cit(A)/Nfac Dated 30.4.2024 Vide Din & Order No. Itba/Nfac/S/250/2024-25/1064480180(1) For The Ay 2020- 21 Passed U/S. 250 Of The Income Tax Act,1961 (In Short “The Act”).

For Appellant: Shri Mathew Joseph, A.RFor Respondent: Smt. Leena Lal, Sr. D.R
Section 115BSection 143(2)Section 143(3)Section 250Section 68Section 80P(2)(a)

lending money to its members of the Society as per the byelaws of the society. The authorities below without providing a reasonable opportunity of being heard have passed an order which is in gross violation of the principle of natural justice. Further, ld. AR of the assessee submitted that ... since the order passed by the KSEB Employees Co Op Society, Kallarkutty, Idukki Page 5 of 5 authorities below are without affording adequate opportunity of being heard to the assessee, we remit the entire issue in dispute to the file of AO for fresh consideration in accordance with

Kerala Agro Machinery Corporation Limited, Ernakulam vs. The Additional Commissioner of Income Tax, Range -1, Kochi

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

ITA 587/COCH/2024[A.Y 2011-12]Status: DisposedITAT Cochin02 Apr 2025

Bench: Shri Inturi Rama Rao & Shri Keshav Dubeyassessment Year: 2011-12 Kerala Agro Machinery Corporation Limited Athani Aluva Adit, Range-1 Vs. Ernakulam Kochi Kerala 683 585 Pan No : Aaack9968Q Appellant Respondent Appellant By : Mrs. Remya S. Menon, A.R. Respondent By : Shri Sanjit Kumar Das, D.R. Date Of Hearing : 28.01.2025 Date Of Pronouncement : 02.04.2025 O R D E R Per Keshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of Ld. Cit(A)/Nfac Dated 24.4.2024 Vide Din & Order No. Itba/Nfac/S/250/2024-25/1064318699(1) For The Ay 2011-12 Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Mrs. Remya S. Menon, A.RFor Respondent: Shri Sanjit Kumar Das, D.R
Section 143(3)Section 14ASection 24Section 250Section 40a

file submissions along with supporting documentary evidences. However, the assessee has not availed the benefit of opportunities of hearing provided. The details of opportunities of being heard provided to the assessee are tabulated below for ready reference: Sl.No. Date of Date of Remarks Notice/letter hearing ... action of the ld. CIT(A)/NFAC without deciding the appeal on merits by passing a speaking order and without affording adequate opportunity of being heard to the assessee is illegal and bad in law. Further, the ld. AR of the assessee also submitted that it is obligatory

Income Tax Officer, Ernakulam vs. Christ Educational Trust, Ernakulam

In the result, both appeal filed by the revenue and CO filed by the assessee are partly allowed

ITA 221/COCH/2024[2016]Status: DisposedITAT Cochin02 Apr 2025

Bench: Shri Inturi Rama Rao & Shri Keshav Dubeyassessment Year: 2016-17 Christ Educational Trust 3/356A, Christ Educational Trust Airapuram Po Vs. Ito Kuzhoor Ernakulam Kerala 683541 Pan No : Aabtc23768Q Appellant Respondent Co No.22/Coch/2024 Assessment Year: 2016-17 Christ Educational Trust 3/356A, Christ Educational Trust Airapuram Po Vs. Kuzhoor Ito Kerala 683541 Ernakulam Pan No : Aabtc23768Q Appellant Respondent Assessee By : Shri R. Lokanathan, A.R. Revenue By : Shri Sanjit Kumar Das, D.R. Date Of Hearing : 27.01.2025 & 18.02.2025 Date Of Pronouncement : 02.04.2025 O R D E R Per Keshav Dubey: This Appeal At The Instance Of Revenue Is Directed Against The Order Of Ld. Cit(A)/Nfac Dated 10.01.2024 Vide Din & Order No. Itba/Nfac/S/250/2023-24/1059567754(1) Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”) For The Assessment Year 2016-17. The Assessee Has Also Filed Cross Objection Against The Said

For Appellant: Shri R. Lokanathan, A.RFor Respondent: Shri Sanjit Kumar Das, D.R
Section 10Section 10(23)(vi)Section 11Section 12ASection 143(2)Section 144Section 250

date. Further, due to the flood situation in Kerala, only part compliance could be made before the AO and AO without giving the opportunity of being heard, passed an order u/s. 144 of the Act by violating the principles of Natural Justice. Lastly, ld. AR of the assessee submitted that ... that due to the flood situation in Kerala, only part compliance could be made before the AO and the AO without granting the opportunity of being heard, has passed an order u/s. 144 of the Act by violating the principles of Natural Justice. Further, it is also submitted

Women Empowerment Foundation, Ahmedabad vs. The CIT(Exemption), Ahmedabad

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

ITA 2209/AHD/2024[NA]Status: DisposedITAT Ahmedabad02 Apr 2025

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.2208/Ahd/2024 & 2209/Ahd/2024 िनधा"रण वष" /Assessment Year : -Na- Women Empowerment The Cit (Exemption) बनाम/ Foundation Ahmedabad – 380 015 V/S. 7, Surohi Park-2 Opp. Rushikesh Garden Nava Nikol Khodiyarnagar S.O., Ahmedabad – 382 350 "थायी लेखा सं./Pan: Aaatw 4894 N (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Adjournment Application Filed Revenue By : Shri Pushpendra Singh Chaudhary, Cit सुनवाई की तारीख/Date Of Hearing : 01/04/2025 घोषणा की तारीख /Date Of Pronouncement: 02/04/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: Both These Are Two Appeals Filed By The Assessee-Trust Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Exemption), Ahmedabad: • Order Dated 21.11.2024, Passed Under Section 12A(1)(Ac)(Iii) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) Rejecting The Application For Registration In Form 10Ab; & • Order Dated 25.11.2024, Passed Under Section 80G(5) Of The Act, Rejecting The Application For Approval.

For Appellant: Adjournment Application filedFor Respondent: Shri Pushpendra Singh Chaudhary, CIT
Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)

serious objection if the matter is restored to the file of the Ld. CIT(E) for decision afresh after granting reasonable opportunity of being heard to the assessee. 8. We have heard the rival submissions. In the interest of justice and fair play and having regard to the facts ... hereby set aside. The matters are restored to the file of the CIT(Exemption), Ahmedabad, who shall pass fresh orders after affording adequate opportunity of being heard and in accordance with law. 8.2. The assessee is also directed to comply with all notices issued by the CIT(Exemption

Women Empowerment Foundation, Ahmedabad vs. The CIT(Exemption), Ahmedabad

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

ITA 2208/AHD/2024[NA]Status: DisposedITAT Ahmedabad02 Apr 2025

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.2208/Ahd/2024 & 2209/Ahd/2024 िनधा"रण वष" /Assessment Year : -Na- Women Empowerment The Cit (Exemption) बनाम/ Foundation Ahmedabad – 380 015 V/S. 7, Surohi Park-2 Opp. Rushikesh Garden Nava Nikol Khodiyarnagar S.O., Ahmedabad – 382 350 "थायी लेखा सं./Pan: Aaatw 4894 N (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Adjournment Application Filed Revenue By : Shri Pushpendra Singh Chaudhary, Cit सुनवाई की तारीख/Date Of Hearing : 01/04/2025 घोषणा की तारीख /Date Of Pronouncement: 02/04/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: Both These Are Two Appeals Filed By The Assessee-Trust Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Exemption), Ahmedabad: • Order Dated 21.11.2024, Passed Under Section 12A(1)(Ac)(Iii) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) Rejecting The Application For Registration In Form 10Ab; & • Order Dated 25.11.2024, Passed Under Section 80G(5) Of The Act, Rejecting The Application For Approval.

For Appellant: Adjournment Application filedFor Respondent: Shri Pushpendra Singh Chaudhary, CIT
Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)

serious objection if the matter is restored to the file of the Ld. CIT(E) for decision afresh after granting reasonable opportunity of being heard to the assessee. 8. We have heard the rival submissions. In the interest of justice and fair play and having regard to the facts ... hereby set aside. The matters are restored to the file of the CIT(Exemption), Ahmedabad, who shall pass fresh orders after affording adequate opportunity of being heard and in accordance with law. 8.2. The assessee is also directed to comply with all notices issued by the CIT(Exemption