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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

Sanjay Namdev Tilekar, Pune vs. Income Tax Officer, Ward 14(5) Pune, Pune

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

ITA 382/PUN/2024[2009-10]Status: DisposedITAT Pune05 Jun 2024AY 2009-10

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.382/Pun/2024 िनधा"रण वष" / Assessment Year: 2009-10 Sanjay Namdev Tilekar, Vs. Ito, Ward-14(5), Pune. Row House No.6, Manjari Green, Manjari Stud Farm, Phase One, Pune- 412307. Pan : Ahwpt3174F Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Sourabh Nayak Date Of Hearing : 29.05.2024 Date Of Pronouncement : 05.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.03.2023 Passed By Ld Cit(A)/Nfac, Delhi For The Assessment Year 2009-10. 2. The Present Appeal Is Filed Belatedly With 281 Days. The Appellant Furnished An Affidavit Along With Death Certificate Of His Wife, Praying For Condonation Of Delay Of 281 Days In The Circumstances Mentioned Therein. Ld. Dr Could Not Controvert The Averments Made In The Above Affidavit. We Are Of The Considered

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Sourabh Nayak
Section 143(3)Section 147Section 148Section 250(6)Section 54BSection 55A

hearing to the assesse. LD CIT(A)/NFAC shall pass order as per facts & law & on grounds of appeal after providing reasonable opportunity of being heard to the assessee. The assessee is also hereby directed to submit the details/ explanations in support of the grounds of appeal on merit before

Veeraj Construction, Nashik vs. Asst. Commissioner of Income Tax, Circle - 2, Nashik

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

ITA 351/PUN/2024[2017-2018]Status: DisposedITAT Pune05 Jun 2024AY 2017-2018

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.351/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Veeraj Construction, Vs. Acit, Circle-2, Nashik. Veeraj Blossom, Flat No.2, Survey No.773, Plot No.52, Karmyogi Nagar, Nashik- 422008. Pan : Aahfv4339G Appellant Respondent Assessee By : None Revenue By : Shri Sourabh Nayak Date Of Hearing : 29.05.2024 Date Of Pronouncement : 05.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 26.12.2023 Passed By Ld Cit(A)/Nfac, Delhi For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Order Passed Is Illegal, Invalid & Bad In Law. 2. The Ld, Ao Erred On Facts & Circumstances Of The Case & In Law In Making Addition Of Rs. 1,34,11.152/- To The Total Income Of The Appellant Towards Difference In Closing Stock & Opening Stock.

For Appellant: NoneFor Respondent: Shri Sourabh Nayak
Section 143(2)Section 250(6)Section 270A

hearing to the assessee. LD CIT(A)/NFAC shall pass order as per 5 facts & law & on grounds of appeal after providing reasonable opportunity of being heard to the assessee. The assessee is also hereby directed to submit the details/ explanations in support of the grounds of appeal on merit