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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

Balbiri, Ghaziabad vs. ITO Ward 1(5), Ghaziabad

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

ITA 2045/DEL/2024[2012-13]Status: HeardITAT Delhi25 Jul 2024AY 2012-13

Bench: Shri Shamim Yahyabalbiri, Vs. Ito, Ward 1 (5), Ch.No.206-207, Ansal Satyam Rdc, Ghaziabad. Rajnagar, Ghaziabad – 201 002 (Uttar Pradesh). (Pan : Azypb0944P) (Appellant) (Respondent) Assessee By : Shri Vipin Garg, Advocate Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 25.07.2024 Date Of Order : 25.07.2024 Order This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 31.10.2023 For The Assessment Year 2012-13. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. Because, Order Of Id. Cit (Appeals) Is Bad In Law & Against The Facts & Circumstances Of The General Case. 2. Because, Ld. Cit (Appeals) Erred In Dismissing The Appeal Ex-Party Without Providing Proper Opportunity As Notice Issued On The Last Date 18.09.2023 Was Never Received By The Ar & Even Assessee Could Know The Order Only After Visiting Portal By Ar In April, 24, Hence Order Is Without Providing Proper Opportunity Of Being Heard More When Order Of Assessment Is Also Passed Ex-Party U/S 144 Of The Act.

For Appellant: Shri Vipin Garg, AdvocateFor Respondent: Shri Om Prakash, Sr. DR
Section 144Section 250Section 54B

even assessee could know the order only after visiting portal by AR in April, 24, hence order is without providing proper opportunity of being heard more when order of assessment is also passed ex-party u/s 144 of the Act. 2 3 Because, ld. CIT (Appeals) failed to appreciate that ... justice, I remit the issue to the file of AO. AO is directed to pass an order afresh after giving the assessee proper opportunity of being heard. 9. In the result, the appeal of the assessee stands allowed for statistical purposes. Order pronounced in the open court on this 25th

A S T Engineers Pvt Ltd, New Delhi vs. Income Tax Officer Ward 1 (1) Delhi, New Delhi

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

ITA 2042/DEL/2024[2016-2017]Status: HeardITAT Delhi25 Jul 2024AY 2016-2017

Bench: Shri Shamim Yahyaa S T Engineers Pvt. Ltd., Vs. Ito, Ward 1(1), C-208, A/6, Esteem Complex, New Delhi. Savitri Sheikh Sarai Phase I, New Delhi – 110 048. (Pan : Aabca4051F) (Appellant) (Respondent) Assessee By : Shri Kalyan Chand, Advocate Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 25.07.2024 Date Of Order : 25.07.2024 Order This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 29.02.2024 For The Assessment Year 2016-17. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. Ld. Addl/Jcit Has Erred In Totally Ignoring The Submissions Made By The Assessee From The Time To Time Both Manually & Electronically & Thus Violated The Principles Of Natural Justice. He Has Wrongly Stated That No Reply Has Ever Been Filled By The Assessee During Appellate Proceedings & As Such Order Passed By Him Is Perverse. 2. Ld. Addl/Jcit Has Erred In Confirming The Disallowance Of Finance Cost Of Rs.14,33,264/- Without Properly Considering The Facts Of The Case.” 3. In This Case, Assessing Officer Made Addition On Account Of Disallowance Of Interest Paid Amounting To Rs.14,33,264/-.

For Appellant: Shri Kalyan Chand, AdvocateFor Respondent: Shri Om Prakash, Sr. DR

file of AO. AO is directed to consider the issue afresh and pass an order afresh after giving the assessee proper opportunity of being heard. 9. In the result, the appeal of the assessee stands allowed for statistical purposes. Order pronounced in the open court on this 25TH

Friends Telecom Pvt. Ltd., Delhi vs. ACIT, Central Circle-2, Delhi

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

ITA 1884/DEL/2024[2015-16]Status: DisposedITAT Delhi25 Jul 2024AY 2015-16

Bench: Shri Shamim Yahyafriends Telecom Pvt. Ltd., Vs. Acit, Pvt. Shop No.4, Ground Floor, Central Circle 2, Plot No.19, Veer Savarkar Block, Delhi. Shakarpur, East Delhi, Delhi – 110 092. (Pan : Aaccf0776H) (Appellant) (Respondent) Assessee By : Shri Pranav Yadav, Advocate Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 23.07.2024 Date Of Order : 25.07.2024 Order This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)-23, New Delhi Dated 29.09.2023 For The Assessment Year 2015-16. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1 On The Facts & Circumstances Of The Case & In Law, The Notice U/S 148 Issued In This Case Is Bad-In- Law, Illegal, Without Jurisdiction & Barred By Limitation And, Therefore, The Said Notice U/S 148 Along With Assessment Order Passed On The Foundation Of Such Notice Are Liable To Be Quashed & Cit(A) Erred In Not Holding So. 2. On The Facts & Circumstances Of The Case & In Law, The Reassessment Proceedings Initiated Are Contrary To The Provisions Of Law Including The Specific Provisions Of Section 147 To Section 151 Of Income Tax Act, 1961 & Therefore, The Reassessment Proceeding Initiated Along With Assessment Order

For Appellant: Shri Pranav Yadav, AdvocateFor Respondent: Shri Om Prakash, Sr. DR
Section 147Section 148Section 151Section 68

remit the issue to the file of AO. AO is directed to pass an order as per law after giving the assessee proper opportunity of being heard. 9. In the result, the appeal of the assessee stands allowed for statistical purposes. Order pronounced in the open court on this 25th

Gracious Overseas Pvt. Ltd., Delhi vs. ACIT, Central Circle-2, Delhi

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

ITA 1883/DEL/2024[2015-16]Status: DisposedITAT Delhi25 Jul 2024AY 2015-16

Bench: Shri Shamim Yahyagracious Overseas Pvt. Ltd., Vs. Acit, Pvt. Shop No.4, Ground Floor, Central Circle 2, Plot No.19, Veer Savarkar Block, Delhi. Shakarpur, Delhi – 110 092. (Pan : Aaccd5744M) (Appellant) (Respondent) Assessee By : Shri Pranav Yadav, Advocate Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 23.07.2024 Date Of Order : 25.07.2024 Order This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)-23, New Delhi Dated 29.09.2023 For The Assessment Year 2015-16. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1 On The Facts & Circumstances Of The Case & In Law, The Notice U/S 148 Issued In This Case Is Bad-In- Law, Illegal, Without Jurisdiction & Barred By Limitation And, Therefore, The Said Notice U/S 148 Along With Assessment Order Passed On The Foundation Of Such Notice Are Liable To Be Quashed & Cit(A) Erred In Not Holding So. 2. On The Facts & Circumstances Of The Case & In Law, The Reassessment Proceedings Initiated Are Contrary To The Provisions Of Law Including The Specific Provisions Of Section 147 To Section 151 Of Income Tax Act, 1961 & Therefore, The Reassessment Proceeding Initiated Along With Assessment Order

For Appellant: Shri Pranav Yadav, AdvocateFor Respondent: Shri Om Prakash, Sr. DR
Section 147Section 148Section 151Section 68

remit the issue to the file of AO. AO is directed to pass an order as per law after giving the assessee proper opportunity of being heard. 9. In the result, the appeal of the assessee stands allowed for statistical purposes. Order pronounced in the open court on this 25th

Gracious Overseas Pvt. Ltd., Delhi vs. ACIT, Central Circle-2, Delhi

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

ITA 1882/DEL/2024[2016-17]Status: DisposedITAT Delhi25 Jul 2024AY 2016-17

Bench: Shri Shamim Yahyagracious Overseas Pvt. Ltd., Vs. Acit, Pvt. Shop No.4, Ground Floor, Central Circle 2, Plot No.19, Veer Savarkar Block, Delhi. Shakarpur, Delhi – 110 092. (Pan : Aaccd5744M) (Appellant) (Respondent) Assessee By : Shri Pranav Yadav, Advocate Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 22.07.2024 Date Of Order : 25.07.2024 Order This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)-23, New Delhi Dated 29.09.2023 For The Assessment Year 2016-17. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1 On The Facts & Circumstances Of The Case & In Law, The Notice U/S 148 Issued In This Case Is Bad-In- Law, Illegal, Without Jurisdiction & Barred By Limitation And, Therefore, The Said Notice U/S 148 Along With Assessment Order Passed On The Foundation Of Such Notice Are Liable To Be Quashed & Cit(A) Erred In Not Holding So. 2. On The Facts & Circumstances Of The Case & In Law, The Reassessment Proceedings Initiated Are Contrary To The Provisions Of Law Including The Specific Provisions Of Section 147 To Section 151 Of Income Tax Act, 1961 & Therefore, The Reassessment Proceeding Initiated Along With Assessment Order

For Appellant: Shri Pranav Yadav, AdvocateFor Respondent: Shri Om Prakash, Sr. DR
Section 147Section 148Section 151Section 68

remit the issue to the file of AO. AO is directed to pass an order as per law after giving the assessee proper opportunity of being heard. 9. In the result, the appeal of the assessee stands allowed for statistical purposes. Order pronounced in the open court on this 25th

Raj Enterprises, Gurgaon vs. ITO Ward 3(4), Gurgaon

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

ITA 1072/DEL/2024[2017-18]Status: DisposedITAT Delhi25 Jul 2024AY 2017-18

Bench: Shri Shamim Yahya & Shri Vimal Kumarraj Enterprises, Vs. Ito, Ward 3 (4), 123, Kirti Nagar, Sector 15, Gurgaon. Gurgaon – 122 001 (Uttar Pradesh). (Pan : Aatfr7534R) (Appellant) (Respondent) Assessee By : Shri Mahavir Singh, Advocate Revenue By : Shri Brij Mohan Singh, Sr. Dr Date Of Hearing : 25.07.2024 Date Of Order : 25.07.2024 Order Per Shamim Yahyathis Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 16.01.2024 For The Assessment Year 2017-18. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. The Ld. Cit(A) Has Erred In Law As Well As On Facts In Dismissing The Appeal In A Summary Manner Without Adjudicating The Grounds On The Basis Of Documents Submitted As Additional Evidence During Appellate Proceedings. 2. The Ld. Cit(A) Has Failed To Appreciate The Plain Fact That Income Has Been Taxed At Rs. 79695160/- In Place Of Total

For Appellant: Shri Mahavir Singh, AdvocateFor Respondent: Shri Brij Mohan Singh, Sr. DR
Section 144

justice, we remit the issue to the file of AO. AO is directed to pass an order afresh after giving the assessee proper opportunity of being heard. 9. In the result, the appeal of the assessee stands allowed for statistical purposes. Order pronounced in the open court on this 25th

Sachin Kanubhai Thakkar, Ahmedabad vs. The Income Tax Officer, Ward-3(3)(7), Ahmedabad

In the result, the appeal filed by the Assessee is treated as allowed for statistical purposes

ITA 732/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad24 Jul 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.732/Ahd/2024 "नधा"रण वष" /Assessment Year : 2017-18 Sachin Kanubhai Thakkar The Income Tax Officer 4, Jivraj Park बनाम/ Ward-3(3)(7) Nr. Vejalpur Ahmedabad V/S. Near State Bank Of India Jivraj Park Ahmedabad – 380 051 "थायी लेखा सं./Pan: Adupt 1202 E (अपीलाथ"/ Appellant) ….. ("" यथ"/ Respondent) Assessee By : Shri Aseem L. Thakkar, Ar Revenue By : Shri Ashok Kumar Suthar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 22/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 24/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee Against The Order Dated 31/12/2023 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “The Ld.Cit(A)” In Short] Arising Out Of The Assessment Order Dated 29/11/2019 Passed By The Assessing Officer (Ao) Under Section 144 Of The Income Tax Sachin Kanubhai Thakkar Vs. Ito Asst. Year : 2017-18 2

For Appellant: Shri Aseem L. Thakkar, ARFor Respondent: Shri Ashok Kumar Suthar, Sr.DR
Section 115BSection 133Section 143(2)Section 144Section 69A

Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi has erred in passing an Ex Parte Order dismissing the appeal without providing reasonable opportunity of being heard to the appellant. Hence the same being against the principles of natural justice and equity requires to be quashed. Sachin Kanubhai Thakkar