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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

Smt. Sumitradevi Kamalkumar Agrawal, Ahmedabad vs. The ITO, Ward-5(3)(2), Ahmedabad

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

ITA 1309/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad12 Dec 2024AY 2016-17

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1309/Ahd/2024 िनधा"रण वष" /Assessment Year : 2016-17 Smt. Sumitradevi The Ito बनाम/ Kamalkumar Agrawal Ward-5(3)(2) V/S. C/O.Ketan H. Shah, Advocate Ahmedabad 512, Times Square-1 Opp. Ram Baug Bungalow Thaltej, Shilaj Road, Thaltej Ahmedabad – 380 059 (Gujarat) "थायी लेखा सं./Pan: Aaupa 5783 C अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Ketan H. Shah, Ar Revenue By : Shri Nitin Vishnu Kulkarni, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 11/12/2024 घोषणा की तारीख /Date Of Pronouncement: 12/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Ketan H. Shah, ARFor Respondent: Shri Nitin Vishnu Kulkarni, Sr.DR
Section 144BSection 147Section 148Section 151

passed an ex-parte order by dismissing the appeal of the assessee, by observing as under: 4. Several notices were issued giving opportunities of being heard to the appellant, which were duly served upon the appellant through registered email. No response is received till date. The particulars of notices issued ... file of the CIT(A) for a fresh adjudication on merits. The CIT(A) is directed to grant the assessee a reasonable opportunity of being heard and to duly consider all submissions and evidence submitted during the fresh appellate proceedings. The assessee is directed to fully cooperate with the proceedings

Cummins India Ltd., Pune vs. The Deputy Commissioner of Income Tax Circle 1(1), Pune

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 923/PUN/2024[2021-22]Status: DisposedITAT Pune12 Dec 2024AY 2021-22

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.923/Pun/2024 िनधा"रण वष" / Assessment Year: 2021-22 Cummins India Ltd., Vs. Dcit, Circle-1(1), Pune. 5Th Floor, Survey No.21, Tower- A, Cummins India Office Campus, Balewadi, Pune- 411045. Pan : Aaacc7258B Appellant Respondent Assessee By : Shri Ketan Ved Revenue By Shri Amol Khairnar : Date Of Hearing : 18.11.2024 Date Of Pronouncement : 12.12.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.03.2024 Passed By Ld. Addl./Jcit(A)-3, Bengaluru For The Assessment Year 2021-22. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “Based On The Facts & Circumstances Of The Case, Cummins India Limited (Hereinafter Referred To As “The Company" Or "The Appellant") Respectfully Craves Leave To Prefer An Appeal For The Assessment Year

For Appellant: Shri Ketan Ved
Section 143(1)Section 250Section 253Section 270ASection 28Section 41

referred to as "learned CIT(A)") on the following grounds, which are independent of and without prejudice to each other: 1. Denial of opportunity of being heard to the Appellant: The learned CIT(A) erred in passing the order under section 250 of the Act ignoring the adjournment requested ... Appellant for submitting the details sought in the notice and without providing any opportunity of being heard despite specific request by the Appellant for a virtual hearing through video conferencing. The learned CIT(A), accordingly, erred in concluding the appellate proceedings in contravention to the principles of natural justice since