← All Phrases

“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

Assistant Commissioner of Income Tax, Central Circle -3, Surat vs. Bharatbhai Kanjibhai Kakadiya, Surat

In the result, deletion of unsecured loan of Rs

ITA 391/SRT/2023[2016-17]Status: DisposedITAT Surat24 Mar 2025AY 2016-17

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.391/Srt/2023 Assessment Year: (2016-17) (Physical Court Hearing) Assistant Commissioner Of Bharatbhai Kanjibhai Kakadiya Income-Tax, Central Circle-3, Vs. 27, Hans Society, Varachha Road, Surat, Room No.507, 5Th Floor, Varachha, Surat-395 006 Aatyakar Bhawan, Majura Gate,Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Afmpk 5646 M (अपीलाथ"/Appellant) (""थ" /Respondent) आयकर अपील सं./Ita No.312/Srt/2023 Assessment Year: (2016-17) Bharatbhai Kanjibhai Kakadiya Assistant Commissioner Of 27, Hans Society, Varachha Road, Vs. Income-Tax, Central Circle-3, Varachha, Surat-395 006 Surat, Room No.507, 5Th Floor, Aatyakar Bhawan, Majura Gate,Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Afmpk 5646 M (अपीलाथ"/Appellant) (""थ" /Respondent)

Section 132(4)Section 147Section 250Section 44ASection 68

appellant, we set aside the matter back to the file of CIT(A) for fresh adjudication in accordance with law after providing reasonable opportunity of being heard to assessee. This ground of assessee is allowed for statistical purposes. 9. Ground No. 1 to 3 of Revenue’s appeal and Ground ... file of CIT(A) to decide the issue of unsecured loans of Rs.26,00,000/- afresh in accordance with law after affording adequate opportunity of being heard to assessee. The assessee is directed to furnish all requisite details as and when called for by CIT(A). Ground No.2 of assessee

Bharatbhai Kanjibhai Kakadiya, Surat vs. Assistant Registrar, Central Circle-3, Surat

In the result, deletion of unsecured loan of Rs

ITA 312/SRT/2023[2016-17]Status: DisposedITAT Surat24 Mar 2025AY 2016-17

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.391/Srt/2023 Assessment Year: (2016-17) (Physical Court Hearing) Assistant Commissioner Of Bharatbhai Kanjibhai Kakadiya Income-Tax, Central Circle-3, Vs. 27, Hans Society, Varachha Road, Surat, Room No.507, 5Th Floor, Varachha, Surat-395 006 Aatyakar Bhawan, Majura Gate,Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Afmpk 5646 M (अपीलाथ"/Appellant) (""थ" /Respondent) आयकर अपील सं./Ita No.312/Srt/2023 Assessment Year: (2016-17) Bharatbhai Kanjibhai Kakadiya Assistant Commissioner Of 27, Hans Society, Varachha Road, Vs. Income-Tax, Central Circle-3, Varachha, Surat-395 006 Surat, Room No.507, 5Th Floor, Aatyakar Bhawan, Majura Gate,Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Afmpk 5646 M (अपीलाथ"/Appellant) (""थ" /Respondent)

Section 132(4)Section 147Section 250Section 44ASection 68

appellant, we set aside the matter back to the file of CIT(A) for fresh adjudication in accordance with law after providing reasonable opportunity of being heard to assessee. This ground of assessee is allowed for statistical purposes. 9. Ground No. 1 to 3 of Revenue’s appeal and Ground ... file of CIT(A) to decide the issue of unsecured loans of Rs.26,00,000/- afresh in accordance with law after affording adequate opportunity of being heard to assessee. The assessee is directed to furnish all requisite details as and when called for by CIT(A). Ground No.2 of assessee

Muktagiri Muktagan Social Foundation, Satara vs. CIT Exemption, Pune

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

ITA 2667/PUN/2024[-]Status: DisposedITAT Pune24 Mar 2025

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.2666 & 2667/Pun/2024 िनधा"रण वष" / Assessment Years : - Muktagiri Muktagan Social V The Cit Exemption, Foundation, S Pune. Muktagiri Gbhavan, 455/1/17, Sadar Bazar, Satara – 415002. Maharashtra Pan: Aagtm6447B Appellant/ Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte – Ar Revenue By Shri Amok Khairnan – Cit(Dr) Date Of Hearing 24/03/2025 Date Of Pronouncement 24/03/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Exemption), Pune Rejecting The Application For Grant Of Registration 12A & U/S.80G Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Respectively. For The Sake Of Convenience, These Two Appeals

Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)

case, we set-aside the order of the ld.CIT(E) to ld.CIT(E) for denovo adjudication. The ld.CIT(E) shall provide opportunity of being heard to the assessee. Assessee shall file all the necessary ITA Nos.2666 & 2667/PUN/2024 [A] documents before the ld.CIT(E). Accordingly, grounds of appeal raised ... case, we set-aside the order of the ld.CIT(E) to ld.CIT(E) for denovo adjudication. The ld.CIT(E) shall provide opportunity of being heard to the assessee. Assessee shall file all the necessary documents before the ld.CIT(E). Accordingly, grounds of appeal raised by the assessee are allowed

Muktagiri Muktagan Social Foundation, Satara vs. CIT Exemption, Pune

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

ITA 2666/PUN/2024[-]Status: DisposedITAT Pune24 Mar 2025

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.2666 & 2667/Pun/2024 िनधा"रण वष" / Assessment Years : - Muktagiri Muktagan Social V The Cit Exemption, Foundation, S Pune. Muktagiri Gbhavan, 455/1/17, Sadar Bazar, Satara – 415002. Maharashtra Pan: Aagtm6447B Appellant/ Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte – Ar Revenue By Shri Amok Khairnan – Cit(Dr) Date Of Hearing 24/03/2025 Date Of Pronouncement 24/03/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Exemption), Pune Rejecting The Application For Grant Of Registration 12A & U/S.80G Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Respectively. For The Sake Of Convenience, These Two Appeals

Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)

case, we set-aside the order of the ld.CIT(E) to ld.CIT(E) for denovo adjudication. The ld.CIT(E) shall provide opportunity of being heard to the assessee. Assessee shall file all the necessary ITA Nos.2666 & 2667/PUN/2024 [A] documents before the ld.CIT(E). Accordingly, grounds of appeal raised ... case, we set-aside the order of the ld.CIT(E) to ld.CIT(E) for denovo adjudication. The ld.CIT(E) shall provide opportunity of being heard to the assessee. Assessee shall file all the necessary documents before the ld.CIT(E). Accordingly, grounds of appeal raised by the assessee are allowed

Hinjewadi Cultural Association, Pune vs. CIT-Exemption, Pune

In the result, appeal of the assessee in ITA No

ITA 2465/PUN/2024[-]Status: DisposedITAT Pune24 Mar 2025

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2464 & 2465/Pun/2024 िनधा"रण वष" / Assessment Years : N.A. Hinjewadi Cultural Association, V The Commissioner Of Blue Ridge Township, Tower-2, S Income Flat-1501, Hinjewadi Phase-1, Tax(Exemption), Pune. Rajiv Gandhi National Park, Pune – 411057. Pan: Aadah9057Q Appellant / Assessee Respondent / Revenue Assessee By Shri Kishor B Phadke – Ar Revenue By Shri Amol Khairnar – Cit(Dr) Date Of Hearing 17/02/2025 Date Of Pronouncement 24/03/2025 आदेश/ Order Per Dr. Manish Borad, Am: These Two Appeal Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Exemption), Pune Rejecting The Application For Grant Of Registration U/S.12A & U/S.80G Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Respectively.

Section 12ASection 80GSection 80G(5)

have been treated as delayed application. 4. The learned CIT (Exemption), Pune; erred in law and on facts in not providing sufficient reasonable opportunity of being heard to the appellant, as provided u/s 80G of the ITA. 1961, to submit the details / information. Appellant contends that, Appellant is keen ... registration u/s 12A of ITA, 1961. 3. The learned CIT (Exemption), Pune; erred in law and facts in not providing sufficient reasonable opportunity of being heard to the appellant, as provided u/s 12AB of the ITA, 1961; to submit the details / information. Appellant contends that, Appellant is keen to ensure

Hinjewadi Cultural Association, Pune vs. CIT (E), Pune

In the result, appeal of the assessee in ITA No

ITA 2464/PUN/2024[-]Status: DisposedITAT Pune24 Mar 2025

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2464 & 2465/Pun/2024 िनधा"रण वष" / Assessment Years : N.A. Hinjewadi Cultural Association, V The Commissioner Of Blue Ridge Township, Tower-2, S Income Flat-1501, Hinjewadi Phase-1, Tax(Exemption), Pune. Rajiv Gandhi National Park, Pune – 411057. Pan: Aadah9057Q Appellant / Assessee Respondent / Revenue Assessee By Shri Kishor B Phadke – Ar Revenue By Shri Amol Khairnar – Cit(Dr) Date Of Hearing 17/02/2025 Date Of Pronouncement 24/03/2025 आदेश/ Order Per Dr. Manish Borad, Am: These Two Appeal Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Exemption), Pune Rejecting The Application For Grant Of Registration U/S.12A & U/S.80G Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Respectively.

Section 12ASection 80GSection 80G(5)

have been treated as delayed application. 4. The learned CIT (Exemption), Pune; erred in law and on facts in not providing sufficient reasonable opportunity of being heard to the appellant, as provided u/s 80G of the ITA. 1961, to submit the details / information. Appellant contends that, Appellant is keen ... registration u/s 12A of ITA, 1961. 3. The learned CIT (Exemption), Pune; erred in law and facts in not providing sufficient reasonable opportunity of being heard to the appellant, as provided u/s 12AB of the ITA, 1961; to submit the details / information. Appellant contends that, Appellant is keen to ensure