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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

Jageet Singh, New Delhi vs. Commissioner of Income-Tax (Appeals), New Delhi

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

ITA 1330/DEL/2024[2017-18]Status: DisposedITAT Delhi30 May 2024AY 2017-18

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Uslate Shri Jageet Singh, Vs. Cit (Appeals), Represented By Legal Heir, New Delhi. Mrs. Paramjeet Mand, B-2B, 280, Janakpuri, New Delhi – 110 044. (Pan : Alnps6343N) (Appellant) (Respondent) Assessee By : Shri Vatsal Sharma, Ar Shri Aditya Sharma, Ca Shri Suvir Sharma, Ca Revenue By : Shri Sandip Kumar Mishra, Sr. Dr Date Of Hearing : 28.05.2024 Date Of Order : 30.05.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 25.01.2024 For The Assessment Year 2017-18. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. Without Prejudice The Ld. Ao Has Wrongly Conducted The Scrutiny Proceedings In The Name Of The Deceased Assessee Without Bringing On Record All Of His Legal Heirs As Per The Requirement Of Law.

For Appellant: Shri Vatsal Sharma, ARFor Respondent: Shri Sandip Kumar Mishra, Sr. DR
Section 115BSection 144Section 145(3)Section 1lSection 68Section 69A

fact that during the course of Assessment Assessee met with a vehicular accident and passed away. The Assessee did not get a reasonable opportunity of being heard. The period between the Show Cause Notice and Assessment Order was only 5 days.” 3. Brief facts of the case are that late ... issue along with additional evidences submitted to the file of AO. AO shall decide the issue afresh after giving the assessee an opportunity of being heard. 9. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on this 30th