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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

Income Tax Officer, New Delhi vs. Verve Construction LLP, New Delhi

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

ITA 2536/DEL/2023[2018-19]Status: DisposedITAT Delhi06 Nov 2024AY 2018-19

Bench: Shri Saktijit Dey, Hon’Ble & Shri S.Rifaur Rahmanincome Tax Officer, Vs. Verve Construction Llp, Flat No.502, 502A, 5Th Floor, New Delhi. Narain Manzil – 23, Barakhamba Road, New Delhi – 110 001. (Pan : Aapfv9685D) (Appellant) (Respondent) Assessee By : Shri Ajay Baheti, Ca Revenue By : Ms. Sapna Bhatia, Cit Dr Date Of Hearing : 09.09.2024 Date Of Order : 06.11.2024 Order Per S.Rifaur Rahman,Am: 1. This Appeal Has Been Filed By The Revenue Against The Order Of Ld. Commissioner Of Income-Tax Appeals /National Faceless Appeal Centre (Nfac) [For Short ‘The Ld. Cit (A)] Dated 12.07.2023 For Assessment Year 2019-19. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income For Ay 2018-19 On 29.08.2018 Declaring Total Income At Rs.Nil. The Return Of Income Was Processed Under Section 143 (1) Of The Income-Tax Act, 1961

For Appellant: Shri Ajay Baheti, CAFor Respondent: Ms. Sapna Bhatia, CIT DR
Section 115BSection 133Section 142(1)Section 143Section 143(2)Section 68

compliance fixed, the Appellant immediately filed an application for adjournment seeking three days to furnish response. However, Ld. AO without affording an effective opportunity of being heard went ahead in making an addition ofRs.69,32,10,310/- u/s 68 of the Income Tax Act, 1961 read with section 115BBE ... case the instant order is passed against the principles of natural justice as the assessee has not been afforded with an effective opportunity of being heard". Para 5.3 of the assessment order states that the case was transferred internally on 18.06.2021 and subsequently notice was issued to the appellant