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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

Asst. Commissioner of Income Tax, Central Circle-3(2), Hyderabad vs. Ascend Telecom Infrastructure Private Limited, Secunderabad

Appeal of the assessee is allowed for statistical purposes

ITA 552/HYD/2020[2010-11]Status: DisposedITAT Hyderabad05 Sept 2024AY 2010-11

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita No.552/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2010-11) Asstt. Commissioner Of Vs. Ascend Telecom Income Tax, Central Circle Infrastructure (P) Ltd 3(2), Hyderabad Secunderabad Pan:Aaefa2381H (Appellant) (Respondent) आ.अपी.सं /Ita No.539/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2010-11) Ascend Telecom Vs. Asstt. Commissioner Of Infrastructure (P) Ltd Income Tax, Central Secunderabad Circle 3(2), Hyderabad Pan:Aaefa2381H (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.R. Vasudevan राज" व "ारा/Revenue By:: Smt. T Vijayalakshmi, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 05/09/2024 घोषणा की तारीख/Pronouncement: 05/09/2024 आदेश/Order Per Manjunatha, G. A.M These Are Cross Appeals Filed By Both The Assessee As Well As The Revenue For The A.Y 2010-11 Against The Common Order Dated 31/07/2020 Of The Learned Cit (A) 11 Hyderabad.

For Appellant: Shri K.R. VasudevanFor Respondent: : Smt. T Vijayalakshmi, CIT(DR)
Section 132Section 143(2)Section 143(3)Section 153A

case by leading evidence to his satisfaction. The Assessing Officer shall decide the issue as per fact and law after giving due opportunity of being heard to the assessee. Though, in the written submission, the ld.AR had referred to certain decisions, those decisions are not applicable to the facts ... case by leading evidence to his satisfaction. The Assessing Officer shall decide the issue as per fact and law after giving due opportunity of being heard to the assessee. We hold and direct accordingly.” 5. It was submitted that similar direction may kindly be passed for this issue before

Ascend Telecom Infrastructure Private Limited, Hyderabad vs. Asst. Commissioner of Income Tax, Central Circle-3(2), Hyderabad

Appeal of the assessee is allowed for statistical purposes

ITA 539/HYD/2020[2010-11]Status: DisposedITAT Hyderabad05 Sept 2024AY 2010-11

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita No.552/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2010-11) Asstt. Commissioner Of Vs. Ascend Telecom Income Tax, Central Circle Infrastructure (P) Ltd 3(2), Hyderabad Secunderabad Pan:Aaefa2381H (Appellant) (Respondent) आ.अपी.सं /Ita No.539/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2010-11) Ascend Telecom Vs. Asstt. Commissioner Of Infrastructure (P) Ltd Income Tax, Central Secunderabad Circle 3(2), Hyderabad Pan:Aaefa2381H (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.R. Vasudevan राज" व "ारा/Revenue By:: Smt. T Vijayalakshmi, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 05/09/2024 घोषणा की तारीख/Pronouncement: 05/09/2024 आदेश/Order Per Manjunatha, G. A.M These Are Cross Appeals Filed By Both The Assessee As Well As The Revenue For The A.Y 2010-11 Against The Common Order Dated 31/07/2020 Of The Learned Cit (A) 11 Hyderabad.

For Appellant: Shri K.R. VasudevanFor Respondent: : Smt. T Vijayalakshmi, CIT(DR)
Section 132Section 143(2)Section 143(3)Section 153A

case by leading evidence to his satisfaction. The Assessing Officer shall decide the issue as per fact and law after giving due opportunity of being heard to the assessee. Though, in the written submission, the ld.AR had referred to certain decisions, those decisions are not applicable to the facts ... case by leading evidence to his satisfaction. The Assessing Officer shall decide the issue as per fact and law after giving due opportunity of being heard to the assessee. We hold and direct accordingly.” 5. It was submitted that similar direction may kindly be passed for this issue before

Durga Kumari Mohammad, Akividu vs. Income Tax Officer, Ward-1, Bhimavaram

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

ITA 302/VIZ/2024[2016-17]Status: DisposedITAT Visakhapatnam05 Sept 2024AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./I.T.A. Nos. 301 & 302/Viz/2024 (निर्धररवरध/ Assessment Year: 2015-16 & 2016-17) Durga Kumari Mohammad V. Income Tax Officer – Ward –1 20-23, Madakavari Street, Akividu Bhimavaram West Godavari District – 534235 West Godavari District Andhra Pradesh. Andhra Pradesh [Pan : Dmkpm3133F] (अपीलार्/ Appellant) (प्र्/ Respondent) : K. Siva Ram Kumar, Ar करद्त्क्पनतनिनरध/ Assessee Represented By र्जसक्पनतनिनरध/ Department Represented By : Dr. Aparna Villuri, Sr.Ar

Section 142(1)Section 147Section 148

Assessing Officer as well as Ld.CIT(A) passed exparte order Page No. 3 I.T.A. Nos. 301 & 302/VIZ/2024 DURGA KUMARI MOHAMMAD without providing adequate opportunity of being heard to the assessee, therefore, considering additions/disallowance made by the Assessing Officer, Ld.AR pleaded that the matter may be remitted back to the file ... keeping in view the additions / disallowance made by the Assessing Officer, we are of the opinion that assessee should be given one more opportunity of being heard. Therefore, considering the facts and circumstances of the case and in order to meet the principles of natural justice

Durga Kumari Mohammad, Akividu vs. Income Tax Officer, Ward-1, Bhimavaram

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

ITA 301/VIZ/2024[2015-16]Status: DisposedITAT Visakhapatnam05 Sept 2024AY 2015-16

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./I.T.A. Nos. 301 & 302/Viz/2024 (निर्धररवरध/ Assessment Year: 2015-16 & 2016-17) Durga Kumari Mohammad V. Income Tax Officer – Ward –1 20-23, Madakavari Street, Akividu Bhimavaram West Godavari District – 534235 West Godavari District Andhra Pradesh. Andhra Pradesh [Pan : Dmkpm3133F] (अपीलार्/ Appellant) (प्र्/ Respondent) : K. Siva Ram Kumar, Ar करद्त्क्पनतनिनरध/ Assessee Represented By र्जसक्पनतनिनरध/ Department Represented By : Dr. Aparna Villuri, Sr.Ar

Section 142(1)Section 147Section 148

Assessing Officer as well as Ld.CIT(A) passed exparte order Page No. 3 I.T.A. Nos. 301 & 302/VIZ/2024 DURGA KUMARI MOHAMMAD without providing adequate opportunity of being heard to the assessee, therefore, considering additions/disallowance made by the Assessing Officer, Ld.AR pleaded that the matter may be remitted back to the file ... keeping in view the additions / disallowance made by the Assessing Officer, we are of the opinion that assessee should be given one more opportunity of being heard. Therefore, considering the facts and circumstances of the case and in order to meet the principles of natural justice

Mothukuri Srinivasa Rao, Vijayawada vs. The Asst.Commissioner of Income Tax, Circle-2(1), Vijayawada

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

ITA 298/VIZ/2024[2016-17]Status: DisposedITAT Visakhapatnam05 Sept 2024AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./I.T.A. No. 298/Viz/2024 (निर्धररवरध/ Assessment Year: 2016-17) Mothukuri Srinivasa Rao V. The Asst. Cit - Circle-2(1) D.No.54-28/1-48, Flat.No.305 C R Building, 1St Floor Annex Ridge Grandeuer Apartment M G Road, Krishna District Road.No.2, Commercial Taxes Colony Andhra Pradesh - 520002 Auto Nagar, Krishna District Andhra Pradesh - 520007 [Pan : Adppm5568D ] (अपीलार्/ Appellant) (प्र्/ Respondent) करद्त्क्पनतनिनरध/ Assessee Represented By : M.V. Prasad, Ar : Dr. Aparna Villuri, Sr.Ar र्जसक्पनतनिनरध/ Department Represented By सुिव्ईसम्पहोिेकीनतनि/ Date Of Conclusion Of Hearing : 02.09.2024 घोरर्कीत्रीख/Date Of Pronouncement : 05.09.2024 आदेश/O R D E R Per Shri Duvvuru Rl Reddy: 1. This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), [Hereinafter In Short “Ld.Cit(A)”]

Section 142(1)Section 143(2)Section 143(3)Section 68

keeping in view the additions / disallowance made by the Assessing Officer, we are of the opinion that assessee should be given one more opportunity of being heard. Therefore, considering the facts and circumstances of the case and in order to meet the principles of natural justice ... file all the relevant documentary evidences in support of his contentions. Needless to say that the Ld. CIT(A) shall give adequate opportunity of being heard to the assessee and dispose off the case on merits. Thus, this appeal is restored to the file of the Ld. CIT(A). Grounds

Shyamsundar Maheswari Subham Maheswari, Guntur vs. Commissioner of Income Tax (Appeals), NFAC, Delhi

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

ITA 180/VIZ/2024[2013-14]Status: DisposedITAT Visakhapatnam05 Sept 2024AY 2013-14

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकरअपीलसं./I.T.A. No. 180/Viz/2024 (धििाधरणिरध/ Assessment Year: 2013-14) Shyam Sunder Maheshwari V. Income Tax Officer – Ward – 2(1) Guntur - 522007 Subham Maheshwari 4-4-141, 7Th Line Chandramouli Nagar Guntur – 522007, Andhra Pradesh [Pan : Avdps7940P] (अपीलार्/ Appellant) (प्र्/ Respondent) करदाताकाप्त्ि्िध/ Assessee Represented By None : राजसकाप्त्ि्िध/ Department Represented By Dr. Aparna Villuri, Sr.Ar : सुिवाईसमापहोिेक््त्ि/ Date Of Conclusion Of Hearing 03.09.2024 : घोषणाक्तार्ख/Date Of Pronouncement 05.09.2024 : आदेश/O R D E R Per Shri Duvvuru Rl Reddy: 1. This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), [Hereinafter In Short “Ld.Cit(A)”], National Faceless Appeal Centre (Nfac), Delhi In Din & Order No. Itba/Nfac/S/250/2023-24/1061812956 (1) Dated 01.03.2024

Section 142Section 144Section 147Section 148Section 68

pandemic condition prevailed at that time. 6. FOR THAT at the Appellate Stage the assessment was framed without giving the appellant an opportunity of being heard as the hearing notices was sent through e-mail which remain unnoticed as Page No. 3 I.T.A. No. 180/VIZ/2024 Shyam Sunder Maheshwari Subham Maheshwari