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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

Sanskritik Mandal, Ahmednagar vs. DCIT Exemption, Ahmednagar

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

ITA 2584/PUN/2024[-]Status: PendingITAT Pune11 Mar 2025

Bench: Dr.Manish Borad & Ms.Astha Chandraआयकर अपील सं. / Ita No.2584/Pun/2024 िनधा"रण वष" / Assessment Year: N.A. Sanskritik Mandal, V The Commissioner Of At Dnyaneshwar Nagar, S Income Tax, Dnyaneshwar Ssk Ltd., Exemption, Pune. Post Bhende Sk, New Asan, Ahmednagar – 414605. Pan: Aabts1957M Appellant / Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte – Ar Revenue By Shri Ajay Kumar Keshari – Dr Date Of Hearing 13/02/2025 Date Of Pronouncement 11/03/2025 आदेश/ Order Per Dr. Manish Borad, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Exemption), Pune Rejecting The Application For Grant Of Registration U/S.80G Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’). “1. On The Facts & In The Circumstances Of The Case & In Law Ld.Cit Exemption Has Erred In Not Granting Registration U/S 80G(5)(Vi) Without Appreciating The Facts Of The Case. Your Appellant Prays For Grant Of Such Registration U/S S 80G(5)(Iv) Of It Act.

Section 80GSection 80G(5)Section 80G(5)(vi)

should not be cancelled. However, the assessee neither furnished compliance to the show cause notice nor availed the opportunity of being heard. Since the assessee did not furnish any explanation to the discrepancies communicated, the ld.CIT(E) held that the assessee has failed to comply despite giving sufficient opportunities including ... opportunity of being heard. He, therefore, rejected the application ITA No.2584/PUN/2024 [A] filed by the assessee for grant of registration under section 80G(5) of the Act and also the provisional approval dated 30.05.2022 u/s.80G(5)(vi) read with clause (iv) of first proviso to section 80G(5) was cancelled

Ms Imsofer Manufacturing India Private Limited (Now Known As Ferrero India Private Limited), Pune vs. Deputy Commissioner of Income Tax, Circle 1(1)– Pune and National Faceless Assessment Centre, Delhi, Pune and NFAC (Delhi)

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

ITA 1316/PUN/2024[2012-13]Status: DisposedITAT Pune11 Mar 2025AY 2012-13

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1316/Pun/2024 िनधा"रण वष" / Assessment Year : 2012-13 M/S. Imsofer Manufacturing Vs. Dcit, Circle-1(1), Pune. India Private Limited (Now Known As Ferrero India Private Limited), World Trade Center, 8Th Floor, Tower-3, Kharadi- 411014. Pan : Aabci6450N Appellant Respondent Assessee By : Shri Siddhesh Chaugule & Nagma Gupta Revenue By Shri Amol Khairnar : Date Of Hearing : 18.12.2024 Date Of Pronouncement : 11.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.04.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2012-13. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “General Grounds: 1. On The Facts & Circumstances Of The Case & In Law, The Hon. Cit(A) Has Erred In Passing Order Under Section 250 Of The Act I.E. Levying Penalty Of Inr 3,55,82,949/-. Legal Grounds:

For Appellant: Shri Siddhesh Chaugule &
Section 154Section 250Section 251Section 271(1)(c)Section 275(1)(A)

circumstances of the case and in law, the Hon. CIT(A) has erred in passing an ex parte order without granting adequate opportunity of being heard to the Appellant thereby violating the principles of natural justice. 8. On the facts and circumstances of the case

Roomle Das, Kolkata vs. I.T.O., Ward - 50(4), Kolkata

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

ITA 1654/KOL/2024[2017-2018]Status: DisposedITAT Kolkata11 Mar 2025AY 2017-2018

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyi.T.A. No.1654/Kol/2024 Assessment Year: 2017-18 Roomle Das……………………....…………...………......................……….……Appellant 4, East Belgharia 1St Lane, Belgharia, Kolkata – 700083. [Pan: Bfzpd1491R] Vs. Ito, Ward-50(4), Kolkata..............…..….…..….........……........……...…..…..Respondent Appearances By: Shri P. J. Bhide, Ar, Appeared On Behalf Of The Appellant. Shri Arup Chatterjee, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 10, 2025 Date Of Pronouncing The Order : March 11, 2025 Order Per Rajesh Kumar: The Present Appeal Filed By The Assessee For The Assessment Year 2017-18 Against The Order Dated 18.06.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Ld. Counsel For The Assessee Submitted That The Case Of The Assessee Could Not Be Represented Before The Assessing Officer Due To Certain Reasons Which Were Beyond The Control Of The Assessee & Therefore, The Assessment Was Framed By The Assessing Officer U/S 144 Vide Order Dated 24.12.2019. The Ld. Counsel Further Submitted That Even The Penalty Was Imposed By The Assessing Officer Of Rs.10,000/- U/S 272A(1)(D) Of The Act Vide Order Dated 30.12.2021 Which Was Deleted By The Tribunal On The Ground That There Was Sufficient Cause For Non- Compliance To The Said Notice As The Reasons Were Beyond The Control Of The Assessee. The Ld. Ar Further Submitted That Before The Ld. Cit(A), The

Section 142(1)Section 144Section 250Section 271A(1)(d)Section 272A(1)(d)

assessee is restored to the file of the Assessing Officer with a direction to decide the same on merits after giving reasonable opportunity of being heard to the assessee. 2 I.T.A. No.1654/Kol/2024 Assessment Year: 2017-18 Roomle Das 5. In the result, the appeal of the assessee is allowed