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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

Patan Education Society, Satara vs. ITO Exemption 1, Pune

In the result, the appeal filed by the assessee is dismissed

ITA 705/PUN/2025[2017-18]Status: DisposedITAT Pune04 Feb 2026AY 2017-18

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.705/Pun/2025 िनधा"रण वष" / Assessment Year : 2017-18 Patan Education Society, Vs. Ito (Exemption)-1, Shikka Mension, Patan S.O., Pune. Patan, Satara- 415206. Pan : Aaatp8412H Appellant Respondent Assessee By : Shri Prateek Jha & Shri Prayag Jha Revenue By : Shri Vinod Pawar Date Of Hearing : 08.01.2026 Date Of Pronouncement : 04.02.2026 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.01.2025 Passed By Ld. Addl./Jcit(A)-2, Visakhapatnam [‘Ld. Cit(A)’] For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Ld Cit(A) Erred In Sustaining The Order Under Section 143(1) Without Appreciating That The Adjustment Made Was Beyond The Purview Of The Provisions Of Section 143(1).

For Appellant: Shri Prateek Jha &For Respondent: Shri Vinod Pawar
Section 11Section 11(2)(c)Section 12ASection 13(9)Section 139(1)Section 143(1)

Pune. 4. The Ld CIT(A) erred in not appreciating that the Ld ADIT, CPC, had carried out adjustment without allowing the assessee opportunity of being heard/ to respond to the proposed adjustment. 5. The Ld CIT(A) erred in not appreciating that the assessee had uploaded the Auditor

Yellayapalem Primary Agricultural Cooperative Society Limited, Nellore vs. ITO, Ward -1, Nellore

In the result, the appeal of the assessee in ITA

ITA 1848/HYD/2025[2015-16]Status: DisposedITAT Hyderabad04 Feb 2026AY 2015-16

Bench: Shri Ravish Sooda N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1826 & 1848/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2018-19 & 2015-16) Yellayapalem Primary Vs. Income Tax Officer Agricultural Cooperative Ward – 1 Society Ltd, Nellore Nellore Pan:Aaaay2068F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri T. Ramprasad, Ca राज" व "ारा/Revenue By:: Shri A.P. Babu, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 21/01/2026 घोषणा की तारीख/Pronouncement: 04/02/2026 आदेश/Order Per Madhusudan Sawdia, A.M.:

For Appellant: Shri T. Ramprasad, CAFor Respondent: : Shri A.P. Babu, Sr. DR
Section 147Section 69A

pass a fresh order on merits, after duly considering the written submissions filed by the assessee on 19.08.2025 and after providing a proper opportunity of being heard to the assessee in accordance with law. The assessee shall be at liberty to file further evidences and submissions in support ... file of the Ld. CIT(A) with a direction to adjudicate the appeal afresh on merits, in accordance with law, after providing due opportunity of being heard to the assessee. The assessee shall be at liberty to file all necessary evidences and submissions in support of its claim before

Yellayapalem Primary Agricultural Cooperative Society Limited, Nellore vs. ITO, Ward-1, Nellore

In the result, the appeal of the assessee in ITA

ITA 1826/HYD/2025[2018-19]Status: DisposedITAT Hyderabad04 Feb 2026AY 2018-19

Bench: Shri Ravish Sooda N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1826 & 1848/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2018-19 & 2015-16) Yellayapalem Primary Vs. Income Tax Officer Agricultural Cooperative Ward – 1 Society Ltd, Nellore Nellore Pan:Aaaay2068F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri T. Ramprasad, Ca राज" व "ारा/Revenue By:: Shri A.P. Babu, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 21/01/2026 घोषणा की तारीख/Pronouncement: 04/02/2026 आदेश/Order Per Madhusudan Sawdia, A.M.:

For Appellant: Shri T. Ramprasad, CAFor Respondent: : Shri A.P. Babu, Sr. DR
Section 147Section 69A

pass a fresh order on merits, after duly considering the written submissions filed by the assessee on 19.08.2025 and after providing a proper opportunity of being heard to the assessee in accordance with law. The assessee shall be at liberty to file further evidences and submissions in support ... file of the Ld. CIT(A) with a direction to adjudicate the appeal afresh on merits, in accordance with law, after providing due opportunity of being heard to the assessee. The assessee shall be at liberty to file all necessary evidences and submissions in support of its claim before