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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

Shri Bhanvarlal Champalal Kanuga, Unjha vs. The Pr. CIT-3, Ahmeabad

In the result, the appeal filed by the Assessee is hereby dismissed

ITA 95/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad23 Aug 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.95/Ahd/2022 "नधा"रण वष" /Assessment Year : 2017-18 Shri Bhanvarlal Champalal The Principal Cit बनाम/ Kanuga Range-3 C/O. Ketan H. Shah, Advocate Pratyakash Kar Bhavan V/S. 512, Times Square – I Ahmedabad Opp. Ram Baug Bungalows Nr. Ravija Plaza Thaltej-Shilaj Road Ahmedabad – 380 059. (Gujarat) "थायी लेखा सं./Pan: Acmpk 0172 H अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ketan H. Shah, Ar & Shri Aman Shah, Ar Revenue By : Shri Pushpendra Singh Chaudhary, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 07/08/2024 घोषणा क" तार"ख /Date Of Pronouncement: 23/08/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 29/03/2022 Passed By The Principal Commissioner Of Income Tax-3, Ahmedabad [Hereinafter Referred To As “Pcit(A)” In Short] In Exercise Of The Shri Bhanvarlal Champalal Kanuga Vs. Pr.Cit-3 Asst. Year : 2017-18

For Appellant: Shri Ketan H. Shah, AR &For Respondent: Shri Pushpendra Singh
Section 143(1)Section 143(3)Section 263

pass the assessment order with proper enquiry and verification of the facts. 6.5. We also note that the PCIT has given the proper opportunity of being heard to the assessee and after proper enquiry, has reached a conclusion that the order passed by the AO is erroneous. The amendment inserting

Uday Damodar Bajaj, Near Jog Maharaj, Bhajani Math, Nashik vs. Officer of the Income Tax, Ward 1(1), Nashik

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

ITA 1341/PUN/2024[2017-18]Status: DisposedITAT Pune23 Aug 2024AY 2017-18

Bench: Dr.Dipak P. Ripote & Shir Vinay Bhamoreआयकर अपील सं. / Ita No.1341/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Uday Damodar Bajaj, V The Income Tax Officer, Near Jog Maharaj, Bhajani S Ward-1(1), Nashik. Math, Dhammagiri Road, Varachi Peth, Igatpuri – 422403. Pan: Ahypb2584P Appellant/ Assessee Respondent / Revenue Assessee By Shri Rajendra Agiwal – Ar Revenue By Shri Sandeep P Sathe – Jcit(Dr) Date Of Hearing 22/08/2024 Date Of Pronouncement 23/08/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)/Jcit(A)-7, Kolkata Passed Under Section 250 Of The Income Tax Act, Dated 19.04.2024 For The A.Y.2017-18. The Assessee Has Raised The Following Grounds Of Appeal : “The Appellant, Aggrieved By The Order Passed By Ld. Additional / Joint Cit(A) - 7, Kolkata U/S 250 Of The Act Dated 19.04.2024 Preferred This Uday Damodar Bajaj [A]

Section 144Section 250Section 250(6)Section 270FSection 271ASection 69A

without discussing each and every ground and merits of the case and merely dismissed for non-compliance. Hence, ld.AR requested for one more opportunity of being heard to the assessee. Submission of ld.Departmental Representative(ld.DR) : 3. The ld.DR for the Revenue relied on the order of Assessing Officer

Bhushan Radhakishan Chechani, Aurangabad vs. ITO Ward-3 Jalna, Jalna

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

ITA 1340/PUN/2024[2013-14]Status: DisposedITAT Pune23 Aug 2024AY 2013-14

Bench: Dr.Dipak P. Ripote & Shir Vinay Bhamoreआयकर अपील सं. / Ita No.1340/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Ashok Radhakrishan Chechnai, V The Income Tax Officer, Plot No.B-56, Sector C-N-4, S Ward-1, Jalna. Cidco, Aurangabad – 431001 Pan: Aappc5074R Appellant/ Assessee Respondent / Revenue Assessee By Shri Sanjeevkuamr B Kabra – Ar Revenue By Shri Sandeep P Sathe – Jcit(Dr) Date Of Hearing 22/08/2024 Date Of Pronouncement 23/08/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)/Jcit(A), Gwalior Passed Under Section 250 Of The Income Tax Act, Dated 28.02.2024 For The A.Y.2013-14. The Assessee Has Raised The Following Grounds Of Appeal : “1. Whether The Learned Assessing Officer Is Justified In Passing The Assessment Order For The Year On The Basis Of Joint Development Agreement Without Verifying The Fact That Possession Of Plot Till Ashok Radhakishan Chechnai [A]

Section 148Section 148(1)Section 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)Section 54F

without discussing each and every ground and merits of the case and merely dismissed for non-compliance. Hence, ld.AR requested for one more opportunity of being heard to the assessee. Submission of ld.Departmental Representative(ld.DR) : 3. The ld.DR for the Revenue relied on the order of Assessing Officer

Jayantilal Ramchandra Jain, Pune vs. Income Tax Officer, Ward-2(3), Pune

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

ITA 1304/PUN/2024[2017-18]Status: DisposedITAT Pune23 Aug 2024AY 2017-18

Bench: Dr.Dipak P. Ripote & Shir Vinay Bhamoreआयकर अपील सं. / Ita No.1304/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Jayantilal Ramchandra Jain, V The Income Tax Officer, 3 B, Mahatma Gandhi Road, S Ward-2(3), Pune. Krikee, Pune – 411003. Pan: Aaqpj2957F Appellant/ Assessee Respondent / Revenue Assessee By Shri C V Deshpande – Ar Revenue By Shri Sandeep P Sathe – Jcit(Dr) Date Of Hearing 22/08/2024 Date Of Pronouncement 23/08/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac]Passed Under Section 250 Of The Income Tax Act, Dated 31.08.2023 For The A.Y.2017-18. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & The Circumstances Of The Case & In Law, Lower Authorities Gravely Erred In Not Accepting Request Of The Appellant For Adjourning The Matter By Giving Some More Time To The Appellant & Passing The Exparty Order Within 5 Days Of Request By The Appellant Jayantilal Ramchandra Jain [A]

Section 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)Section 69

without discussing each and every ground and merits of the case and merely dismissed for non-compliance. Hence, ld.AR requested for one more opportunity of being heard to the assessee. Submission of ld.Departmental Representative(ld.DR) : 3. The ld.DR for the Revenue relied on the order of Assessing Officer

Ramakrishnan Prabhu Jyothi, Coimbatore vs. Acot, Ncc-5, Coimbatore

ITA 690/CHNY/2020[2016-17]Status: DisposedITAT Chennai23 Aug 2024AY 2016-17

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita Nos.690/Chny/2020 निर्धारण वर्ष /Assessment Years: 2016-17 Ramakrishnan Prabhu Jyothi, Race Course, Coimbatore, Tamil Nadu-641018, [Pan: Adjpp4946N] Asst. Commissioner Of Income Tax, Non-Corporate Circle-5, Coimbatore. (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Shri N.P.Vijay Kumar, Advocate प्रत्यर्थी की ओर से /Respondent By : Shri Nilay Baran Som, Cit सुनवाई की तारीख/Date Of Hearing : 27.05.2024 घोषणा की तारीख /Date Of Pronouncement : 23.08.2024 आदेश / Order Per Amitabh Shukla, A.M : This Appeal Is Filed Against The Order Bearing Din & Order No.Itba/Apl/S/250/2029-20/1026334108(1) Dated 09.03.2020 Of The Learned Commissioner Of Income Tax [Herein After “Cit(A), For The

For Appellant: Shri N.P.Vijay Kumar, AdvocateFor Respondent: Shri Nilay Baran Som, CIT
Section 142ASection 142A(1)Section 142A(6)Section 143(1)Section 153Section 153(1)Section 250

Officer submitted Valuation report on 09.08.2019 after the valuation reference period even under Section 142A(6) is exhausted. The Assessing Officer without any opportunity of being heard passed Assessment order on 14.08.2019 which assessment order is time barred. Under Section 153. the time period during which valuation is pending ... excluded :- 5 -: ITA No.690/Chny/2020 7 Valuation Report submitted (No valuation report submitted. Only comment submitted by Valuation officer) 09.08.2019 8 Assessment Order. No opportunity of being heard 14.08.2019 Interpretation and application of Section 54F 4. The CIT (Appeals) failed to take note of the fact that as per Section