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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

Shyamlal Mohandas Kheskwani, Gandhidham vs. ITO Ward - 2, Gandhidham

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

ITA 671/RJT/2024[2017-18]Status: DisposedITAT Rajkot28 Feb 2025AY 2017-18

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.671/Rjt/2024 "नधा"रणवष"/ Assessment Year: 2017-18 Shyamlal Mohandas Kheskwani Vs. Ito, Ward-2 Plot No.705, Sector 05 Gandhidham. Gandhidham-370 201 Pan : Bewpk 8592Q (अपीलाथ"/Appellant) : (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Chetan Agarwal, Ld.Ar राज"व क" ओर से/Revenue By : Shri Abhimanyu Singh Yadav, Sr-Dr सुनवाई क" तार"ख /Date Of Hearing : 27/01/2025 घोषणा क" तार"ख /Date Of Pronouncement : 28/02/2025 Order Per Dr. Arjun Lal Saini: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2018-19, Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre, [In Short ‘Ld.Cit(A)/Nfac’], Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Dated 29.04.2024, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 143(3) Of The Income Tax Act,1961 (Hereinafter Referred To As ‘The Act’), Vide Order Dated 28.11.2019. Shri Shyamlal Mohandas Kheskwani

For Appellant: Shri Chetan Agarwal, ld.ARFor Respondent: Shri Abhimanyu Singh Yadav, Sr-DR
Section 143(3)Section 250

given to the assessee to plead his case before the assessing officer. 5. Therefore, we find that the assessee did not have proper opportunity of being heard before CIT(A) and ex-parte order of CIT(A), dismissing the appeal of the assessee, has to be set aside

Shri Mahmadhusen Salmanji Gandhi, Jamnagar vs. The Pr. CIT-Jamnagar, Jamnagar

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

ITA 150/RJT/2024[2015-16]Status: DisposedITAT Rajkot28 Feb 2025AY 2015-16

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.150/Rjt/2024 निर्धारणवर्ष /Assessment Year: 2015-16 Mahmadhusen Salmanji Gandhi The Pr.Cit C/O. Ca Govind Sonecha बनाम Jamanagar. "S&A House”, Nr.Golden City 80Ft. Road, Khodiyar Colony B/H. Saru Section Vs. Police Headquarters, Jamnagar. Pan : Aaqpg 8128 H (अपीलार्थी/Appellant) : (प्रत्यर्थी/Respondent) निर्धारिती की ओर से/Assessee By : Ms.Amoli Gusani, Ld.Ar राजस्व की ओर से/Revenue By : Shri Sanjay Punglia, Yadav, Ld.Cit-Dr सुनवाई की तारीख /Date Of Hearing : 22/01/2025 घोषणा की तारीख/Date Of Pronouncement : 28/02/2025 Order Per Dr. Arjun Lal Saini; By Way Of This Appeal, The Assessee Has Challenged The Correctness Of The Order Passed By The Learned Pr.Commissioner Of Income Tax, Jamnagar [In Short 'Ld.Pr.Cit”], Under Section 263 Of The Income-Tax Act, 1961 (Hereinafter Referred To As 'The Act'), Dated 05.01.2024, For The Assessment Year 2015-16. 2. At The Outset, The Ld.Counsel For The Assessee Submitted That The Assessee Had Died On 20.04.2021 & The Ld.Pr.Cit Issued Show -Cause Notice On 22.12.2023, Therefore, The Show Cause Notice Was Issued By The Ld.Pr.Cit, On The Dead Person, Therefore, The Order Passed By The Ld.Pr.Cit Should Be Quashed. Shri Mahmadhusen Salmanji Gandhi Vs. Pr.Cit

For Appellant: Ms.Amoli Gusani, Ld.ARFor Respondent: Shri Sanjay Punglia, Yadav, ld.CIT-DR
Section 263

proceedings, afresh, before the ld.Pr.CIT. We direct the Ld. PCIT to pass revision order under section 263 of the Act, after giving sufficient opportunity of being heard, to the legal heirs of the deceased assessee. 10. In the result, the appeal of the assessee is allowed for statistical purpose

Gram Urja Human Development Foundation, Ambajogai vs. CIT, Pune

Accordingly, the appeal of assessee is allowed for statistical purposes

ITA 2740/PUN/2024[2025-2026]Status: DisposedITAT Pune28 Feb 2025AY 2025-2026

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.2739 & 2740/Pun/2024 Gram Urja Human Development Foundation, Gramurja Foundation, Vidyut Nagar, Morewadi, Ambajogai – 431517 Pan: Aaicg6193P अपीलार्थी / Appellant Assessee By : Department By : Date Of Hearing : Date Of Pronouncement : Cit (Exemption), Pune Vs. प्रत्यर्थी / Respondent Shri Amar Sabale & Adv. Rajdeep A. Dikonda Shri Amol Khairnar 13-01-2025 28-01-2025 आदेश / Order Per Astha Chandra, Jm : Two Appeals Filed By The Assessee Are Directed Against The Two Separate Order(S) Both Dated 06.12.2024 Of The Ld. Commissioner Of Income Tax (Exemption), Pune [“Cit(E)"] Whereby He Rejected The Application Of The Assessee Filed Before Him In Form No. 10Ab U/S 12A(1)(Ac)(Iii) & Section 80G(5)(Iii) Of The Income Tax Act, 1961 (The "Act") Filed On 29.08.2024. These Were Heard Together & Are Being Disposed Of By This Order.

For Appellant: Department byFor Respondent: Date of hearing
Section 12ASection 12A(1)(ac)Section 80G(5)(iii)

aside to the file of the Ld. CIT(E) to adjudicate the same on merits afresh after affording one more opportunity of being heard to the assessee. 6. The Ld. DR conceded to the above proposition of the Ld. AR. 7. We have considered the rival submissions and perused ... afresh and decide the matter on merits, in accordance with facts and law after allowing an opportunity of being heard to the assessee and present its case. The assessee shall provide the requisite support in terms of submitting the relevant details/documentary evidence as may be required/ called upon

Gram Urja Human Development Foundation, Ambejogai vs. CIT, Pune

Accordingly, the appeal of assessee is allowed for statistical purposes

ITA 2739/PUN/2024[2025-2026]Status: DisposedITAT Pune28 Feb 2025AY 2025-2026

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.2739 & 2740/Pun/2024 Gram Urja Human Development Foundation, Gramurja Foundation, Vidyut Nagar, Morewadi, Ambajogai – 431517 Pan: Aaicg6193P Vs. Cit (Exemption), Pune अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Amar Sabale & Adv. Rajdeep A. Dikonda Department By : Shri Amol Khairnar Date Of Hearing : 13-01-2025 Date Of Pronouncement : 28-01-2025 आदेश / Order Per Astha Chandra, Jm : Two Appeals Filed By The Assessee Are Directed Against The Two Separate Order(S) Both Dated 06.12.2024 Of The Ld. Commissioner Of Income Tax (Exemption), Pune [“Cit(E)"] Whereby He Rejected The Application Of The Assessee Filed Before Him In Form No. 10Ab U/S 12A(1)(Ac)(Iii) & Section 80G(5)(Iii) Of The Income Tax Act, 1961 (The "Act") Filed On 29.08.2024. These Were Heard Together & Are Being Disposed Of By This Order.

For Appellant: Shri Amar Sabale &For Respondent: Shri Amol Khairnar
Section 12ASection 12A(1)(ac)Section 80G(5)(iii)

aside to the file of the Ld. CIT(E) to adjudicate the same on merits afresh after affording one more opportunity of being heard to the assessee. 6. The Ld. DR conceded to the above proposition of the Ld. AR. 7. We have considered the rival submissions and perused ... afresh and decide the matter on merits, in accordance with facts and law after allowing an opportunity of being heard to the assessee and present its case. The assessee shall provide the requisite support in terms of submitting the relevant details/documentary evidence as may be required/ called upon