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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

Sarojben Lalitbhai Vadhani, Ahmedabad vs. The ITO, Ward-3(3)(5), Ahmedabad

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

ITA 772/AHD/2024[2012-13]Status: DisposedITAT Ahmedabad21 Oct 2024AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.772/Ahd/2024 िनधा"रण वष" /Assessment Year : 2012-13 Sarojben Lalitbhai Vadhani The Income Tax Officer बनाम/ B-406 Surel Apartments Ward-3(3)(5) V/S. Nr.Devashish School Ahmedabad Judges Bungalow Road Bodakdev Ahmedabad – 380 054 (Gujarat) "थायी लेखा सं./Pan:Awspv 8887 C अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Sudhir Mehta, Advocate Revenue By : Shri V.K. Mangla, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 15/10/2024 घोषणा की तारीख /Date Of Pronouncement: 21/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: The Present Appeal Is Filed By The Assessee Against The Ex-Parte Order Dated 22/02/2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Nfac) [Hereinafter Referred To As “Cit(A)”], Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], For The Assessment Year (Ay) 2012-13. The Assessment Was Completed Under Section 144 Read With Section 147 Of The Act, By The Ao, Dated 10/12/2019. Sarojben Lalitbhai Vadhani Vs. Ito Asst. Year : 2012-13

For Appellant: Shri Sudhir Mehta, AdvocateFor Respondent: Shri V.K. Mangla, Sr.DR
Section 142(1)Section 144Section 147Section 250Section 69A

well as facts while passing Ex-parte order in appeal against the principle of natural justice. The Appellant was not allowed proper opportunity of being heard and the CIT(appeal) being quasi-judicial authority rejected the appeal and passed ex-parte order against the principal of natural justice ... addition made by the Ld. Assessing officer (NFAC) in the assessment order u/s 147 r.w.s. 144B, that is passed without giving proper opportunity of being heard to the assessee. The Ld. A.O has passed high pitch assessment u/s 147 r.w. 144 is against the principal of natural justice and therefore

Jaynt Vasudeo Aradhye, Solapur vs. DCIT, Circle-1, Solapur

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

ITA 683/PUN/2024[2022-23]Status: DisposedITAT Pune21 Oct 2024AY 2022-23

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.683/Pun/2024 िनधा"रण वष" / Assessment Year: 2022-23 Jaynt Vasudeo Aradhye, Vs. Dcit, Circle-1, Solapur. Villa No.25, Indradhanu, Laxmi Peth, Vishnu Mill Compound, Solapur- 413001. Pan : Aappa8903M Appellant Respondent Assessee By : Shri Deepak Chintaman Gadgil Revenue By Shri Ramnath P. Murkunde : Date Of Hearing 06.08.2024 : Date Of Pronouncement : 21.10.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 07.02.2024 Passed By Ld. Addl./Jcit(A)-1, Coimbatore For The Assessment Year 2022-23 2. The Appellant Has Raised The Following Grounds Of Appeal :- “I. The Cpc Was Not Correct Both Factually & Legally In Not Considering The Claim Of Brought Forwarded Short Term Capital Loss Of Rs 27,78,028/-. 11. Section 143(1) As It Stands On The Statute Books As On Today, Does Not Permit Either Cpc Or The Ao To Make Such Adjustments As They Are Beyond The Scope Of The Said Section.

For Appellant: Shri Deepak Chintaman Gadgil
Section 10Section 10ASection 115BSection 143(1)Section 155BSection 16Section 23Section 24Section 32Section 32A

matter back to his file with a direction to pass a fresh order in the light of our observations after providing reasonable opportunity of being heard to the assessee. The assessee is also directed to comply with the notices issued by the ld. Addl./JCIT(A)-1, Coimbatore and bring ... income tax return. The ld. Addl./JCIT(A)-1, Coimbatore shall decide the issue as per fact and law after giving due opportunity of being heard to the assessee. We hold and direct accordingly. Thus, the grounds of appeal raised by the assessee are partly allowed. 8. In the result