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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

Gujarat Safety Council, Vadodara vs. The ITO, Ward- Exemption, Vadodara

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

ITA 902/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad27 Aug 2024AY 2016-17

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 901, 902 & 1037/Ahd/2023 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Years : 2014-15, 2016-17 & 2017-18) िनधा"रण वष" Gujarat Safety Council Ito बनाम बनाम/ बनाम बनाम 4Th Floor, Midway Height, Ward Exemption, Vs. Kirti Mandir, Kalaghoda, Vadodara Station Road, Vadodara, Gujarat, 390001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatg0943L (Appellant) .. (Respondent) Shri S. N. Soparkar, Sr. Advocate अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Sudhendu Das, Cit.Dr Date Of Hearing 21/08/2024 Date Of Pronouncement 27/08/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: These Three Appeals Are Filed By The Assessee. While Two Of The Appeals Are Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’) Dated 28.08.2023 & 27/09/2023 For A.Ys. 2014-15 & 2016-17 Respectively, The Third Appeal Is Against The Order Of Addl./Jcit (A)-1, Coimbatore For The A.Y. 2017-18. The Issue Involved In All Three Appeals Are

For Respondent: Shri Sudhendu Das, CIT.DR
Section 11Section 11(2)Section 11(3)Section 234ASection 270A

assessee for application of accumulated income towards acquisition of the fixed assets. The AO may decide the matter after allowing a proper opportunity of being heard to the assessee and after calling for the necessary evidences to verify the claim of the assessee. The assessee is also directed to produce

Gujarat Safety Council, Vadodara vs. The ITO, Ward Exemption, Vadodara

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

ITA 901/AHD/2023[2014-15]Status: DisposedITAT Ahmedabad27 Aug 2024AY 2014-15

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 901, 902 & 1037/Ahd/2023 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Years : 2014-15, 2016-17 & 2017-18) िनधा"रण वष" Gujarat Safety Council Ito बनाम बनाम/ बनाम बनाम 4Th Floor, Midway Height, Ward Exemption, Vs. Kirti Mandir, Kalaghoda, Vadodara Station Road, Vadodara, Gujarat, 390001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatg0943L (Appellant) .. (Respondent) Shri S. N. Soparkar, Sr. Advocate अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Sudhendu Das, Cit.Dr Date Of Hearing 21/08/2024 Date Of Pronouncement 27/08/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: These Three Appeals Are Filed By The Assessee. While Two Of The Appeals Are Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’) Dated 28.08.2023 & 27/09/2023 For A.Ys. 2014-15 & 2016-17 Respectively, The Third Appeal Is Against The Order Of Addl./Jcit (A)-1, Coimbatore For The A.Y. 2017-18. The Issue Involved In All Three Appeals Are

For Respondent: Shri Sudhendu Das, CIT.DR
Section 11Section 11(2)Section 11(3)Section 234ASection 270A

assessee for application of accumulated income towards acquisition of the fixed assets. The AO may decide the matter after allowing a proper opportunity of being heard to the assessee and after calling for the necessary evidences to verify the claim of the assessee. The assessee is also directed to produce

Gujarat Safety Council, Vadodara vs. The Income Tax Officer, Ward-Exemption, Vadodara

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

ITA 1037/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad27 Aug 2024AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 901, 902 & 1037/Ahd/2023 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Years : 2014-15, 2016-17 & 2017-18) िनधा"रण वष" Gujarat Safety Council Ito बनाम बनाम/ बनाम बनाम 4Th Floor, Midway Height, Ward Exemption, Vs. Kirti Mandir, Kalaghoda, Vadodara Station Road, Vadodara, Gujarat, 390001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatg0943L (Appellant) .. (Respondent) Shri S. N. Soparkar, Sr. Advocate अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Sudhendu Das, Cit.Dr Date Of Hearing 21/08/2024 Date Of Pronouncement 27/08/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: These Three Appeals Are Filed By The Assessee. While Two Of The Appeals Are Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’) Dated 28.08.2023 & 27/09/2023 For A.Ys. 2014-15 & 2016-17 Respectively, The Third Appeal Is Against The Order Of Addl./Jcit (A)-1, Coimbatore For The A.Y. 2017-18. The Issue Involved In All Three Appeals Are

For Respondent: Shri Sudhendu Das, CIT.DR
Section 11Section 11(2)Section 11(3)Section 234ASection 270A

assessee for application of accumulated income towards acquisition of the fixed assets. The AO may decide the matter after allowing a proper opportunity of being heard to the assessee and after calling for the necessary evidences to verify the claim of the assessee. The assessee is also directed to produce

Tamogna Enterprises Private Limited, Hyderabad vs. ITO., Ward-2(1), Hyderabad

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

ITA 174/HYD/2024[2016-17]Status: DisposedITAT Hyderabad27 Aug 2024AY 2016-17

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita No. 174/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2016-17) Tamogna Enterprises (P) Vs. Income Tax Officer Ltd, Ward 2(1) Hyderabad Hyderabad Pan:Aaack8658H (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri S.K. Gupta, Advocate राज" व "ारा/Revenue By:: Shri Srinath Sadanala, Dr सुनवाई की तारीख/Date Of Hearing: 27/08/2024 घोषणा की तारीख/Pronouncement: 27/08/2024 आदेश/Order

For Appellant: Shri S.K. Gupta, AdvocateFor Respondent: : Shri Srinath Sadanala, DR
Section 142(1)Section 144Section 147Section 148

statutory notices issued by the authorities below. Considering the totality of the facts and circumstances of the case and to provide one more opportunity of being heard to the assessee, we deem it proper to restore the issue back to the file of the Assessing Officer with a direction ... give reasonable opportunity of being heard to the assessee. The assessee is also hereby directed to appear before the Assessing Officer on the appointed date and time with all the requisite details/documentary evidence without seeking any Page 3 of 4 ITA No 174 of 2024 Tamogna Enterprises Pvt Ltd adjournment