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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

Shree Aadinath Education and Charitable Trust, Surat vs. CIT (Exemption), Ahmedabad

In the result, these appeals of the assessee are allowed for statistical purpose

ITA 1128/SRT/2024[2024-25]Status: DisposedITAT Surat02 Jan 2025AY 2024-25

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.1123 & 1124/Srt/2024 (Assessment Years: 2021-22) (Physical Hearing) Surat Diamond Cutting & Polishing Vs. The Cit (Exemption), Cluster Spv Trust, Ahmedabad E-103, Jaldarshan Flats, Singanpur Road, Surat – 395004, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aavts3503M (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1125 & 1126/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Bavangam Navgam Bhavsar Care Vs. The Cit (Exemption), Charitable Trust, Ahmedabad Shop No.02, Plot No.220, Vinayak Nagar, 120 Ft Bamroli Road, Udhana, Surat - 394210 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaftb3929A (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1127 & 1128/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Shree Aadinath Educational & Vs. The Cit (Exemption), Charitable Trust, Ahmedabad C-401, Icon Heights, Brts Road, Puna, Saroli, Surat – 395010. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abits4657C (Appellant) (Respondent) Appellant By Shri Sapnesh Sheth, Ca Respondent By Shri Ravi Kant Gupta, Cit-Dr Date Of Hearing 02/01/2025 Date Of Pronouncement 02/01/2025

Section 12ASection 12A(1)(ac)Section 80G(5)

case before him. It is a settled law that the principles of natural justice require the affected party to be granted sufficient opportunity of being heard to contest his case. Therefore, in the interest of justice, we restore the matter to the file of the CIT(E) subject to payment ... decided above. Following the same reason, this case is also remitted to the file of CIT(E) for fresh adjudication after granting reasonable opportunity of being heard to the assessee. 8. In the result, appeal of the assessee is allowed for statistical purpose. ITA Nos.1125 & 1126/SRT/2024 (AY.2024-25): 9. In these

Shree Aadinath Educational and Charitable Trust, Surat vs. CIT(Exemption), Ahmedabad

In the result, these appeals of the assessee are allowed for statistical purpose

ITA 1127/SRT/2024[2024-25]Status: DisposedITAT Surat02 Jan 2025AY 2024-25

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.1123 & 1124/Srt/2024 (Assessment Years: 2021-22) (Physical Hearing) Surat Diamond Cutting & Polishing Vs. The Cit (Exemption), Cluster Spv Trust, Ahmedabad E-103, Jaldarshan Flats, Singanpur Road, Surat – 395004, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aavts3503M (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1125 & 1126/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Bavangam Navgam Bhavsar Care Vs. The Cit (Exemption), Charitable Trust, Ahmedabad Shop No.02, Plot No.220, Vinayak Nagar, 120 Ft Bamroli Road, Udhana, Surat - 394210 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaftb3929A (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1127 & 1128/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Shree Aadinath Educational & Vs. The Cit (Exemption), Charitable Trust, Ahmedabad C-401, Icon Heights, Brts Road, Puna, Saroli, Surat – 395010. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abits4657C (Appellant) (Respondent) Appellant By Shri Sapnesh Sheth, Ca Respondent By Shri Ravi Kant Gupta, Cit-Dr Date Of Hearing 02/01/2025 Date Of Pronouncement 02/01/2025

Section 12ASection 12A(1)(ac)Section 80G(5)

case before him. It is a settled law that the principles of natural justice require the affected party to be granted sufficient opportunity of being heard to contest his case. Therefore, in the interest of justice, we restore the matter to the file of the CIT(E) subject to payment ... decided above. Following the same reason, this case is also remitted to the file of CIT(E) for fresh adjudication after granting reasonable opportunity of being heard to the assessee. 8. In the result, appeal of the assessee is allowed for statistical purpose. ITA Nos.1125 & 1126/SRT/2024 (AY.2024-25): 9. In these

Bavangam Navgam Bha vs. Ar Care Charitable Trust, Suratvs.CIT (Exemption), Ahmedabad

In the result, these appeals of the assessee are allowed for statistical purpose

ITA 1125/SRT/2024[2024-25]Status: DisposedITAT Surat02 Jan 2025AY 2024-25

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.1123 & 1124/Srt/2024 (Assessment Years: 2021-22) (Physical Hearing) Surat Diamond Cutting & Polishing Vs. The Cit (Exemption), Cluster Spv Trust, Ahmedabad E-103, Jaldarshan Flats, Singanpur Road, Surat – 395004, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aavts3503M (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1125 & 1126/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Bavangam Navgam Bhavsar Care Vs. The Cit (Exemption), Charitable Trust, Ahmedabad Shop No.02, Plot No.220, Vinayak Nagar, 120 Ft Bamroli Road, Udhana, Surat - 394210 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaftb3929A (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1127 & 1128/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Shree Aadinath Educational & Vs. The Cit (Exemption), Charitable Trust, Ahmedabad C-401, Icon Heights, Brts Road, Puna, Saroli, Surat – 395010. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abits4657C (Appellant) (Respondent) Appellant By Shri Sapnesh Sheth, Ca Respondent By Shri Ravi Kant Gupta, Cit-Dr Date Of Hearing 02/01/2025 Date Of Pronouncement 02/01/2025

Section 12ASection 12A(1)(ac)Section 80G(5)

case before him. It is a settled law that the principles of natural justice require the affected party to be granted sufficient opportunity of being heard to contest his case. Therefore, in the interest of justice, we restore the matter to the file of the CIT(E) subject to payment ... decided above. Following the same reason, this case is also remitted to the file of CIT(E) for fresh adjudication after granting reasonable opportunity of being heard to the assessee. 8. In the result, appeal of the assessee is allowed for statistical purpose. ITA Nos.1125 & 1126/SRT/2024 (AY.2024-25): 9. In these

Surat Diamond Cutting and Polishing Cluster Svp Trust, Surat vs. CIT(Exemption), Ahmedabad

In the result, these appeals of the assessee are allowed for statistical purpose

ITA 1124/SRT/2024[2021-22]Status: DisposedITAT Surat02 Jan 2025AY 2021-22

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.1123 & 1124/Srt/2024 (Assessment Years: 2021-22) (Physical Hearing) Surat Diamond Cutting & Polishing Vs. The Cit (Exemption), Cluster Spv Trust, Ahmedabad E-103, Jaldarshan Flats, Singanpur Road, Surat – 395004, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aavts3503M (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1125 & 1126/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Bavangam Navgam Bhavsar Care Vs. The Cit (Exemption), Charitable Trust, Ahmedabad Shop No.02, Plot No.220, Vinayak Nagar, 120 Ft Bamroli Road, Udhana, Surat - 394210 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaftb3929A (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1127 & 1128/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Shree Aadinath Educational & Vs. The Cit (Exemption), Charitable Trust, Ahmedabad C-401, Icon Heights, Brts Road, Puna, Saroli, Surat – 395010. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abits4657C (Appellant) (Respondent) Appellant By Shri Sapnesh Sheth, Ca Respondent By Shri Ravi Kant Gupta, Cit-Dr Date Of Hearing 02/01/2025 Date Of Pronouncement 02/01/2025

Section 12ASection 12A(1)(ac)Section 80G(5)

case before him. It is a settled law that the principles of natural justice require the affected party to be granted sufficient opportunity of being heard to contest his case. Therefore, in the interest of justice, we restore the matter to the file of the CIT(E) subject to payment ... decided above. Following the same reason, this case is also remitted to the file of CIT(E) for fresh adjudication after granting reasonable opportunity of being heard to the assessee. 8. In the result, appeal of the assessee is allowed for statistical purpose. ITA Nos.1125 & 1126/SRT/2024 (AY.2024-25): 9. In these

Surat Diamond Cutting and Polishing Cluster Spv Trust, Surat vs. CIT (Exemption), Ahmedabad

In the result, these appeals of the assessee are allowed for statistical purpose

ITA 1123/SRT/2024[2021-22]Status: DisposedITAT Surat02 Jan 2025AY 2021-22

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.1123 & 1124/Srt/2024 (Assessment Years: 2021-22) (Physical Hearing) Surat Diamond Cutting & Polishing Vs. The Cit (Exemption), Cluster Spv Trust, Ahmedabad E-103, Jaldarshan Flats, Singanpur Road, Surat – 395004, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aavts3503M (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1125 & 1126/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Bavangam Navgam Bhavsar Care Vs. The Cit (Exemption), Charitable Trust, Ahmedabad Shop No.02, Plot No.220, Vinayak Nagar, 120 Ft Bamroli Road, Udhana, Surat - 394210 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaftb3929A (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1127 & 1128/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Shree Aadinath Educational & Vs. The Cit (Exemption), Charitable Trust, Ahmedabad C-401, Icon Heights, Brts Road, Puna, Saroli, Surat – 395010. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abits4657C (Appellant) (Respondent) Appellant By Shri Sapnesh Sheth, Ca Respondent By Shri Ravi Kant Gupta, Cit-Dr Date Of Hearing 02/01/2025 Date Of Pronouncement 02/01/2025

Section 12ASection 12A(1)(ac)Section 80G(5)

case before him. It is a settled law that the principles of natural justice require the affected party to be granted sufficient opportunity of being heard to contest his case. Therefore, in the interest of justice, we restore the matter to the file of the CIT(E) subject to payment ... decided above. Following the same reason, this case is also remitted to the file of CIT(E) for fresh adjudication after granting reasonable opportunity of being heard to the assessee. 8. In the result, appeal of the assessee is allowed for statistical purpose. ITA Nos.1125 & 1126/SRT/2024 (AY.2024-25): 9. In these

Anil Kumar Paik, Kolkata vs. DCIT, Cir.; 8(1), Kolkata

Appeal of the assessee is allowed for statistical purposes

ITA 494/KOL/2024[2018-19]Status: DisposedITAT Kolkata02 Jan 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. Nos.492 To 494/Kol/2024 Assessment Years: 2013-14 & 2018-19 Anil Kumar Paik……………………………..……………………………...……Appellant C/O S.N. Ghosh & Associates, Advocates 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kol-1. [Pan: Aflpp6567R] Vs. Dcit, Circle-8(1), Kolkata…………....….…..….........……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Sailen Samadder, Addl. Cit – Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 01, 2025 Date Of Pronouncing The Order : January 02, 2025 Order Per Bench: These Three Appeals Have Been Preferred By The Assessee For Different Assessment Years I.E 2016-17 & 2018-19 Against Separate Orders 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’) Respectively. Since, The Issues Involved In These Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, We Find That The Appeals Have Been Pending For Considerable Period & No One Has Appeared On Behalf Of The Assessee But Simply Filed An Application By Which The Assessee Sought An Adjournment Of The Case For Today. On Perusal Of Records, We Find That Multiple Dates Of Hearing Were Scheduled But The Assessee Failed To

Section 250Section 250(6)Section 270ASection 68

back the issue to the file of the Assessing Officer with a direction to re-examine the case on merits after giving reasonable opportunity of being heard to the assessee to represent his case. We also direct the assessee to diligently comply with the notices issued and participate sincerely

Anil Kumar Paik, Kolkata vs. DCIT, Cir. 8(1), Kolkata

Appeal of the assessee is allowed for statistical purposes

ITA 493/KOL/2024[2018-19]Status: DisposedITAT Kolkata02 Jan 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. Nos.492 To 494/Kol/2024 Assessment Years: 2013-14 & 2018-19 Anil Kumar Paik……………………………..……………………………...……Appellant C/O S.N. Ghosh & Associates, Advocates 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kol-1. [Pan: Aflpp6567R] Vs. Dcit, Circle-8(1), Kolkata…………....….…..….........……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Sailen Samadder, Addl. Cit – Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 01, 2025 Date Of Pronouncing The Order : January 02, 2025 Order Per Bench: These Three Appeals Have Been Preferred By The Assessee For Different Assessment Years I.E 2016-17 & 2018-19 Against Separate Orders 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’) Respectively. Since, The Issues Involved In These Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, We Find That The Appeals Have Been Pending For Considerable Period & No One Has Appeared On Behalf Of The Assessee But Simply Filed An Application By Which The Assessee Sought An Adjournment Of The Case For Today. On Perusal Of Records, We Find That Multiple Dates Of Hearing Were Scheduled But The Assessee Failed To

Section 250Section 250(6)Section 270ASection 68

back the issue to the file of the Assessing Officer with a direction to re-examine the case on merits after giving reasonable opportunity of being heard to the assessee to represent his case. We also direct the assessee to diligently comply with the notices issued and participate sincerely

Anil Kumar Paik, Kolkata vs. DCIT, Cir. 8(1), Kolkata

Appeal of the assessee is allowed for statistical purposes

ITA 492/KOL/2024[2013-14]Status: DisposedITAT Kolkata02 Jan 2025AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. Nos.492 To 494/Kol/2024 Assessment Years: 2013-14 & 2018-19 Anil Kumar Paik……………………………..……………………………...……Appellant C/O S.N. Ghosh & Associates, Advocates 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kol-1. [Pan: Aflpp6567R] Vs. Dcit, Circle-8(1), Kolkata…………....….…..….........……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Sailen Samadder, Addl. Cit – Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 01, 2025 Date Of Pronouncing The Order : January 02, 2025 Order Per Bench: These Three Appeals Have Been Preferred By The Assessee For Different Assessment Years I.E 2016-17 & 2018-19 Against Separate Orders 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’) Respectively. Since, The Issues Involved In These Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, We Find That The Appeals Have Been Pending For Considerable Period & No One Has Appeared On Behalf Of The Assessee But Simply Filed An Application By Which The Assessee Sought An Adjournment Of The Case For Today. On Perusal Of Records, We Find That Multiple Dates Of Hearing Were Scheduled But The Assessee Failed To

Section 250Section 250(6)Section 270ASection 68

back the issue to the file of the Assessing Officer with a direction to re-examine the case on merits after giving reasonable opportunity of being heard to the assessee to represent his case. We also direct the assessee to diligently comply with the notices issued and participate sincerely

Sagar Jewellers, Porbandar vs. DCIT, Circle-2(1), Jamnagar

In the result, the appeal of the assessee is allowed

ITA 222/RJT/2024[2019-2020]Status: DisposedITAT Rajkot01 Jan 2025AY 2019-2020

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.222/Rjt/2024 ("नधा"रण वष" / Assessment Year: (2019-20) (Hybrid Hearing) Sagar Jewellers Vs. Dcit Zaveri Bazar, Porbandar, Gujarat Circle-2(1), Jamnagar 360575 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Adbfs5410L (Assessee) (Respondent) Assessee By : Shri K. C. Thaker, Ar Respondent By : Shri Sanjay Punglia, Cit.Dr Date Of Hearing : 01/10/2024 Date Of Pronouncement : 01/01/2025 आदेश / O R D E R Per Dr. A. L. Saini, Am: By Way Of This Appeal, The Assessee Has Challenged The Correctness Of The Order Passed By The Learned Principal Commissioner Of Income Tax (In Short ‘The Pcit’), Under Section 263 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Dated 21.02.2024, For The Assessment Year (In Short ‘A.Y.’) 2019-20. 2. The Grievances Raised By The Assessee Are As Follows:

For Appellant: Shri K. C. Thaker, ARFor Respondent: Shri Sanjay Punglia, CIT.DR
Section 115BSection 133ASection 143(3)Section 263Section 69

assessment order, to the extent of the issues mentioned and directed the assessing officer to revise the assessment order after giving proper opportunity of being heard to the assessee. 8. Aggrieved by the order of the Ld. PCIT, the assessee is in appeal before us. ITA No. 222/RJT/2024 / AY.2019-20 Sagar