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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

James Christopher, Zuarinagar vs. Income Tax Officer, Ward - 2(4), Panaji

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

ITA 455/PAN/2025[2017-18]Status: DisposedITAT Panaji29 Jan 2026AY 2017-18

Bench: Shri Pavan Kumar Gadalei T A. No.455/Pan/2025 (A.Y. 2017-18) James Christopher, Vs Ito-Ward 2(4), H.No.11, Behind Kiran Niketan Pundalik Niwas, . Prim, Zuarinagar-403726, Rua-De-Qurem, Goa. Cortim,Panaji, Goa-403001, Pan,No.Abmpc9362N (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Assessee By Sri.Sandesh Padiyar.Ar Revenue By Shri.S.Gurukumar.Sr.Dr सुनवाई की तारीख/Date Of Hearing 22.01.2026 घोषणा की तारीख/Date Of Pronouncement 29.01.2026 Order Per Pavan Kumar Gadale ,Jm: The Assesse Has Filed The Appeal Against The Order Of The Addl/Jcit(A) Thiruvanantpuram Passed U/Sec143(3) & U/Sec 250 Of The Act. The Assesee Has Raised The Grounds Of Appeal Challenging The Order Of The Cit(A) Sustaining The Addition U/Sec69A Of The Act Made By The Assessing Officer. 2. The Brief Facts Of The Case Are That, The Assessee Is A Lecturer In Mes College Zuari Nagar, Goa. The Assessee Has Filed The Return Of Income For A.Y.2017-18 On 4.08.2017 Disclosing A Total Income Of Rs.8,54,310/-. Subsequently The Case Was Selected For Limited Scrutiny

Section 69A

accordingly restore the disputed issues to the file of the Assessing officer for afresh adjudication on merits and the A.O. shall provide adequate opportunity of being heard to the assessee and the assessee should also cooperate in submitting the information. And the grounds of appeal of the assessee are allowed

Girija Memorial Welfare Trust, Ranchi vs. Commissioner of Income Tax, Exemption, Patna., Ranchi

In the result, both the captioned appeals are allowed for statistical purposes

ITA 449/RAN/2024[2025-26]Status: DisposedITAT Ranchi29 Jan 2026AY 2025-26

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.448/Ran/2024 Assessment Year: 2025-26 Rastra Samvardhan Samiti ………..…….…............................……….……Appellant Vill: Shriniketan P.O Niwaranpur, Ranchi– 834002.. [Pan: Aabtr8271R] Vs. Cit (Exemption), Patna............……….…..….........……........……...…..…..Respondent I.T.A. No.449/Ran/2024 Assessment Year: 2025-26 Girija Memorial Welfare Trust……..…….…............................……….……Appellant Om Sai Apartment Flat 104, Anantpur, Doranda Near Over Bridge, Ranchi– 834002.. [Pan: Aabtg9411G] Vs. Cit (Exemption), Patna............……….…..….........……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Md. Shadab Ahmed, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 22, 2026 Date Of Pronouncing The Order : January 29, 2026 Order Per Sonjoy Sarma: The Present Appeals Filed By The Different Assessees Are Directed Against The Separate Orders Dated 24.09.24 & 23.09.24 Passed By The Cit(Exemption), Patna Rejecting Application For Registration U/S 80G Of The Income Tax Act, 1961 (The ‘Act’) For Assessment Year 2025-26 Respectively. Since The Issues Involved In Both The Appeals Are Common, Therefore, The Appeals Are Being Heard Together & Disposed Of By This

Section 80GSection 80G(5)

issue back to the file of the ld. CIT(E) with a direction to re-examine the issue afresh after giving reasonable opportunity of being heard to the assessee. We also direct the assessee to comply all notices and submit all the relevant documents/details during the remand proceedings for granting

Rastra Samvardhan Samiti Jharkhand, Ranchi vs. Commissioner of Income Tax, Exemption, Patna, Ranchi

In the result, both the captioned appeals are allowed for statistical purposes

ITA 448/RAN/2024[2025-26]Status: DisposedITAT Ranchi29 Jan 2026AY 2025-26

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.448/Ran/2024 Assessment Year: 2025-26 Rastra Samvardhan Samiti ………..…….…............................……….……Appellant Vill: Shriniketan P.O Niwaranpur, Ranchi– 834002.. [Pan: Aabtr8271R] Vs. Cit (Exemption), Patna............……….…..….........……........……...…..…..Respondent I.T.A. No.449/Ran/2024 Assessment Year: 2025-26 Girija Memorial Welfare Trust……..…….…............................……….……Appellant Om Sai Apartment Flat 104, Anantpur, Doranda Near Over Bridge, Ranchi– 834002.. [Pan: Aabtg9411G] Vs. Cit (Exemption), Patna............……….…..….........……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Md. Shadab Ahmed, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 22, 2026 Date Of Pronouncing The Order : January 29, 2026 Order Per Sonjoy Sarma: The Present Appeals Filed By The Different Assessees Are Directed Against The Separate Orders Dated 24.09.24 & 23.09.24 Passed By The Cit(Exemption), Patna Rejecting Application For Registration U/S 80G Of The Income Tax Act, 1961 (The ‘Act’) For Assessment Year 2025-26 Respectively. Since The Issues Involved In Both The Appeals Are Common, Therefore, The Appeals Are Being Heard Together & Disposed Of By This

Section 80GSection 80G(5)

issue back to the file of the ld. CIT(E) with a direction to re-examine the issue afresh after giving reasonable opportunity of being heard to the assessee. We also direct the assessee to comply all notices and submit all the relevant documents/details during the remand proceedings for granting

Binay Kumar, West Champaran vs. ITO, Ward- 1 (5), Bettiah

Appeal of the assessee is allowed for statically purpose

ITA 440/PAT/2025[2018-19]Status: DisposedITAT Patna29 Jan 2026AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.440/Pat/2025 Assessment Year: 2018-19 Binay Kumar.………………….………………. …………………....Appellant C/O Andrasan Bhagat, Ward No.08, Muniya Tola Chikarpur, Narkatia Ganj, West Champaran, Pin-845455.. [Pan: Enwpk4043J] Vs. Ito, Ward-1(5), Betiah……..…..……………..………………….…..... Respondent Appearances By: Shri Ravi Shankar, Adv., Appeared On Behalf Of The Appellant. Md. A H Chowdhury Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 28, 2026 Date Of Pronouncing The Order : January 29, 2026 आदेश / Order Per Sonjoy Sarma: The Present Appeal Filed By The Assessee Is Directed Against The Order Dated 18.07.2025 Passed By The Nfac, Delhi U/S 250 Of The Income Tax Act, 1961 (The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Had Made Total Cash Deposits Of 5,29,66,187 In His Bank Account Maintained With The State Bank Of India During The Relevant Assessment Year. The Assessing Officer Observed That The Assessee Did Not Disclose The Said Amount As Income & Failed To Pay Tax Thereon. Since The Assessee Could Not Satisfactorily Explain The Nature & Source Of The Deposits, The Assessing Officer Treated The Same As Unexplained Money Under Section

Section 115BSection 250

matter to the file of the Assessing Officer with a direction to re- examine the issue afresh. The Assessing Officer shall provide adequate opportunity of being heard to the assessee and, if necessary, shall obtain confirmation and transaction details from the concerned banking authority to verify whether the deposits relate