← 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, Circle-4, Patna vs. Lesley Barbara Galstaun, Patna

In the result, the appeal filed by the assessee as well as by the Revenue are allowed for statistical purposes

ITA 288/PAT/2023[2017-18]Status: DisposedITAT Patna27 Feb 2025AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Sanjay Awasthii.T.A. No. 287/Pat/2023 Assessment Year: 2017-2018 Lesley Barbara Galstaun,………………….....Appellant 0, Lesdon Villa, 18, New Patliputra Colony, Patna-800013, Bihar [Pan:Aavpg0948A] -Vs.- Deputy/ Assistant Commissioner Of Income Tax,…………………………………………………….Respondent Circle-6, Patna - A N D - I.T.A. No. 288/Pat/2023 Assessment Year: 2017-2018 Assistant Commissioner Of Income Tax,….,Appellant Circle-4, Patna, Lok Nayak Jai Prakash Bhawan, 4Th Floor, Dak Bangalow Crossing, Frazer Road, Patna-800001, Bihar -Vs.- Lesley Barbara Galstaun,………………….....Respondent Lesdon Villa, 18, New Patliputra Colony, Patna-800013, Bihar [Pan:Aavpg0948A] Appearances By: Shri D.V. Pathy, Advocate, Appeared On Behalf Of The Assessee 1 & Lesley Barbara Galstaun

Section 144Section 69A

should go back to the file of ld. Assessing Officer to examine the additional evidences filed by the assessee by providing one more opportunity of being heard to the assessee. 3 & Lesley Barbara Galstaun 6. We have perused the material available on record. Considering the facts and circumstances ... Appeals) and remit the matters back to the file of ld. Assessing Officer with a direction to examine these issues afresh after providing opportunity of being heard to the assessee. At the same time, the assessee is directed to place all the additional evidences before the ld. Assessing Officer

Lesley Barbara Galstaun, Patna vs. Dc/Ac Circle-6, Patna

In the result, the appeal filed by the assessee as well as by the Revenue are allowed for statistical purposes

ITA 287/PAT/2023[2017-18]Status: DisposedITAT Patna27 Feb 2025AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Sanjay Awasthii.T.A. No. 287/Pat/2023 Assessment Year: 2017-2018 Lesley Barbara Galstaun,………………….....Appellant 0, Lesdon Villa, 18, New Patliputra Colony, Patna-800013, Bihar [Pan:Aavpg0948A] -Vs.- Deputy/ Assistant Commissioner Of Income Tax,…………………………………………………….Respondent Circle-6, Patna - A N D - I.T.A. No. 288/Pat/2023 Assessment Year: 2017-2018 Assistant Commissioner Of Income Tax,….,Appellant Circle-4, Patna, Lok Nayak Jai Prakash Bhawan, 4Th Floor, Dak Bangalow Crossing, Frazer Road, Patna-800001, Bihar -Vs.- Lesley Barbara Galstaun,………………….....Respondent Lesdon Villa, 18, New Patliputra Colony, Patna-800013, Bihar [Pan:Aavpg0948A] Appearances By: Shri D.V. Pathy, Advocate, Appeared On Behalf Of The Assessee 1 & Lesley Barbara Galstaun

Section 144Section 69A

should go back to the file of ld. Assessing Officer to examine the additional evidences filed by the assessee by providing one more opportunity of being heard to the assessee. 3 & Lesley Barbara Galstaun 6. We have perused the material available on record. Considering the facts and circumstances ... Appeals) and remit the matters back to the file of ld. Assessing Officer with a direction to examine these issues afresh after providing opportunity of being heard to the assessee. At the same time, the assessee is directed to place all the additional evidences before the ld. Assessing Officer

Omkara Impex and Merchandise LLP, Ahmedabad vs. The ACIT, Circle-3(3)(2), Ahmedabad

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

ITA 809/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad27 Feb 2025AY 2014-15

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.809/Ahd/2024 निर्धारण वर्ष / Assessment Year : 2014-15 Omkara Impex & The Acit Merchandise Llp बनाम / Circle-3(3)(2) 301, Primate V/S. Ahmedabad – 380 015 Judges Bungalows Road Bodakdev Ahmedabad - 380 054 स्थायी लेखा सं./Pan: Aaefo 2861 K (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) Assessee By : Shri Kushal Fofaria, Ar Revenue By : Shri Waghe Prasadrao, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 26/02/2025 घोषणा की तारीख / Date Of Pronouncement: 27/02/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Dated 14/03/2024, Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As “Cit(A)"], Confirming The Order Of The Assessing Officer [Hereinafter Referred To As “Ao"] Under Section 147 R.W.S.144 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”] For The Assessment Year (Ay) 2014-15.

For Appellant: Shri Kushal Fofaria, ARFor Respondent: Shri Waghe Prasadrao, Sr.DR
Section 144Section 147Section 148Section 151Section 250(6)Section 271(1)(c)

demonstrates a bona fide reason for earlier non-compliance. Many courts have held that when an assessee has not been granted an adequate opportunity of being heard, the matter should be restored for fresh adjudication. 8. 1. Further, as per Rule 29 of the ITAT Rules, 1963, additional evidence ... assessee shall cooperate in the fresh proceedings and furnish all necessary documents before the AO. • The AO shall provide a reasonable opportunity of being heard to the assessee before passing a fresh order. • The assessee shall deposit the cost of Rs.5,000/- before the commencement of fresh proceedings

Blueview Agencies Pvt. Ltd., Odisha vs. I.T.O., Ward - 5(3), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 2510/KOL/2024[2009-2010]Status: DisposedITAT Kolkata27 Feb 2025AY 2009-2010

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2510/Kol/2024 Assessment Year: 2009-10 Blueview Agencies Pvt. Ltd. .……………………………………..….……….Appellant Lamtibahal, Brajrajnagar, Jharsuguda – 768216, Odisha. [Pan: Aadcb6386Q] Vs. Ito, Ward-5(1), Kolkata….……..............................……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Assessee. Shri Madanappa Raghuvir, Cit- Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : February 26, 2025 Date Of Pronouncing The Order : February 27, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 04.10.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Filed Its Return For The Assessment Year 2009-10 By Declaring Total Income Of Rs.1,890/-. The Return Of The Assessee Was Processed U/S 143(1) Of The Act. The Assessee Derives Its Income From Share Dealing & Investments. The Assessing Officer On Examination Of The Balance Sheet & Profit & Loss Account Of The Assessee Found That Certain Expenses Which Were Disallowable Has Not Been Disallowed & Certain Income Did Not Disclose In Its Return. Therefore, The Assessing Officer Issued Notice U/S 148 & Subsequently, An Order U/S 147/143(3) Of The Act Was Passed By Determining Total Income Of Rs.27,650/-. Later On, The Ld. Cit, Kolkata-Ii Found That Requisite & Proper Enquiries Were Not Concluded Regarding The Identity

Section 142(1)Section 143(1)Section 147Section 148Section 14ASection 250Section 250(6)Section 263

matter back to the file of the ld. CIT(A) with a direction to re-examine the issue afresh after giving reasonable opportunity of being heard to the assessee and to decide the appeal on merits of the case which is necessary in terms of section