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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

Late Chhotalal Vallabhadas Doshi L/H. Heir Smt. Prabhavatiben Chhotalal Doshi, Jamnagar vs. The ITO Ward-1(3), Jamnagar

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

ITA 698/RJT/2024[2008-09]Status: DisposedITAT Rajkot22 Jan 2025AY 2008-09

Bench: Dr. Arjun Lal Saini, Am. & Diesh Mohan Sinha, Jm आयकर अपीलसं./Ita No.698/Rjt/ 2024 ("नधा"रण वष" / Assessment Year: (2008-09) (Hybrid Hearing) Late Chhotalal Vallabhdas Doshi Vs. Ito Ward-1(3), Jamnagar. (Legal Heir Smt. Prabhavatiben Chhotalal Doshi). 505 Ajitnath Apartment, Near Indraprasth Tower, Jamnagar. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acdpd9371Q (Appellant) (Respondent) Appellant By : Shri Dushyant Maharshi, Ld. Ar Respondent By : Shri Shramdeep Sinha, Ld. Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing :23/12/2024 घोषणाक"तार"ख/Date Of Pronouncement :22/01/2025 आदेश / O R D E R Per Dinesh Mohan Sinha, Jm: Captioned Appeal Filed By The Assessee Is Directed Against The Order Passed By The National Faceless Appeal Centre [(In Short “Nfac/Ld. Cit(A)”] Vide Order Dated 24/07/204, Which In Turn Assessment Order Passed By Assessing Officer Vide Order Dated 22/03/2016 Under Section 143(3) R.W.S. 147 Of The Income Tax Act, 1961 (In Short “The Act”). 2. Grounds Of Appeal Raised By The Assessee Are As Under: 1. Hon. Cit(A) Erred In Law As Well As On Facts In Dismissing The Appeal By Contending That No Response Has Been Received From Assessee Although The Response Has Been Submitted Through Samadhan.Faceless.Appeal@Incometax.Gov.In As There Was No Income Tax Registration Due To Death Of The Assessee I.E. Chhotalal Doshi On Ita-698/Rjt/2024 (Ay-2008-09) Late Chhotalal Doshi Vs. Ito Ward-1(3), Jamnagar.

For Appellant: Shri Dushyant Maharshi, Ld. ARFor Respondent: Shri Shramdeep Sinha, Ld. CIT(DR)
Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 151

erred in law as well as on facts in not providing complete copy of reasons recorded for reopening u/s 148 and no proper opportunity of being heard was granted to the appellant during assessment proceedings. Hon. CIT(A) erred in confirming reopening of assessment. 5. The notice issued ... note that it is settled law that principles of natural justice and fair play require that the affected party is granted sufficient opportunity of being heard to contest his case. Therefore, without delving much deeper into the merits of the case, in the interest of justice, we restore the matter

Shree Mevasa Seva Sahkari Mandli Limited, Mevasa vs. The Income Tax Officer, Ward-1, Dwarka

ITA 660/RJT/2024[2018-19]Status: DisposedITAT Rajkot22 Jan 2025AY 2018-19

Bench: Dr. Arjun Lal Saini, Am. & Diesh Mohan Sinha, Jm आयकर अपीलसं./Ita No.660/Rjt/ 2024 ("नधा"रण वष" / Assessment Year: (2018-19) (Hybrid Hearing) Shree Mevasa Seva Sahkari Mandali Ito Ward-1, Dwarka. Vs. Limited. Mahesh Paun Advocate, Shreeji Chambers, 17-Nava Para, Near Sbi, Jam-Khambhaliya-361305. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aamas6799K (Appellant) (Respondent) Appellant By : Shri Mahesh Paun, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing :19/12/2024 घोषणाक"तार"ख/Date Of Pronouncement :22/01/2025 आदेश / O R D E R Per Dinesh Mohan Sinha, Jm:

For Appellant: Shri Mahesh Paun, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 147Section 148Section 148ASection 271ASection 69A

principle of nature of justice and against the law. 3) Learned A.O. erred in law as well facts by not giving effective opportunity of being heard and by exparty order to huge addition of Rs. 2,10,07,175/. As well as Ld. Commissioner of Appeals (NFAC) also erred ... considering the statement of facts, not giving effective opportunity to being heard and by ex-party order to dismissed the appeal. 4) Learned A.O. erred in law as well as on facts making assessment u/s. 147 r.w.s, 144 of the Act. 5) Appellant craves leave to add, amend, alter

Dhirajlal Govindbhai Patel, Rajkot vs. ITO WD 1(2)(1), Rajkot

The appeal of the assessee is treated as allowed

ITA 299/RJT/2024[2020-21]Status: DisposedITAT Rajkot22 Jan 2025AY 2020-21

Bench: Dr. Arjun Lal Saini, Am. & Diesh Mohan Sinha, Jm आयकरअपीलसं./Ita No.299/Rjt/2024 ("नधा"रणवष" / Assessment Year: (2020-21) (Hybrid Hearing) Dhirajlal Govindbhai Patel Vs. The Ito, Ward – 1(2)(1), Mayurpankh Industries, K-1/49, Aayakar Bhawan, Race Course Road-D, Phase-I, Aji Gidc, 80Ft Ring Road, Road, Rajkot – 360001 Rajkot – 360003 Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Agepp0489N (Respondent) Appellant By : Shri D. M. Rindani, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 22 /10 /2024 Date Of Pronouncement : 22 /01 /2025 आदेश / O R D E R Per Dinesh Mohan Sinha, Jm: Captioned Appeal Filed By The Assessee Is Directed Against The Order Passed By The National Faceless Appeal Centre [(In Short “Nfac/Ld.Cit(A)”] Vide Order Dated 08.05.2024, Which In Turn Assessment Order Passed By Assessment Unit, Income Tax Department / Assessing Officer Under Section 154 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Shri D. M. Rindani, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 143(1)Section 154Section 54G

note that it is settled law that principles of natural justice and fair play require that the affected party is granted sufficient opportunity of being heard to contest his case. Therefore, without delving much deeper into the merits of the case, in the interest of justice, we restore the matter ... back to the file of Ld. CIT(A) for de novo adjudication and pass a speaking order after affording sufficient opportunity of being heard to the assessee, who in turn, is also directed to contest his stand forthwith. Therefore, we deem it fit and proper to set aside the order