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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

Dona Builders Pvt Ltd, Mumbai vs. DCIT, Circle 1(3)(1), Mumbai

ITA 5371/MUM/2025[2009-10]Status: DisposedITAT Mumbai21 Jan 2026AY 2009-10

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan() Assessment Year: 2009-10 & Assessment Year: 2010-11 & Assessment Year: 2011-12 & Assessment Year: 2012-13 & Assessment Year: 2013-14 Dona Builders Pvt Ltd Dcit, Circle 1(3)(1), Mumbai 108, Shiv Aashish S.V. Road, Aayakar Bhavan, Mumbai- Vs. Andheri West, Mumbai- 400058 400020 Pan No. Aaacd 3116 F Appellant Respondent : Mr. Rajesh Shah Assessee By : Mr. Annavaram Kosuri, Sr-Dr A/W Revenue By Mr. Uma Shankar Prasad, Cit Dr : 06/11/2025 Date Of Hearing Date Of Pronouncement : 21/01/2026 Order Per Bench These Five Appeals By The Assessee Are Directed Against Separate Orders Passed By The Ld. Commissioner Of Income-Tax

For Appellant: Mr. Annavaram Kosuri, SR-DR a/wFor Respondent: Mr. Rajesh Shah
Section 147Section 68

Assessing Officer shall verify, after affording reasonable The Assessing Officer shall verify, after affording reasonable The Assessing Officer shall verify, after affording reasonable opportunity of being heard t opportunity of being heard to the assessee, whether any share o the assessee, whether any share application money was received ... creditworthiness, and genuineness of the transactions, after thiness, and genuineness of the transactions, after thiness, and genuineness of the transactions, after affording adequate opportunity of being heard to the assessee. affording adequate opportunity of being heard to the assessee. affording adequate opportunity of being heard to the assessee. Dona Builders

M/S. Nucleus Fincons Pvt Ltd, Mumbai vs. ITO Ward 15(2)(2), Mumbai

In the result, the Assessee’s appeal is allowed for statistical purposes

ITA 5025/MUM/2025[2012-13]Status: DisposedITAT Mumbai21 Jan 2026AY 2012-13

Bench: Shri Narender Kumar Choudhryassessment Year: 2012-13 M/S. Nucleus Fincons Pvt. Ito 15(2) (2), Ltd. Aaykar Bhavan, M.K. Road, (Since Strike Off By Roc From Mumbai – 400020. 24/02/2017 Through Erstwhile Director, Kishore Patki), Vs. 503, Ankita Apartments, Opp. Gymkhana, Navghar Road, Mulund, Mumbai – 400081. Pan – Aabc6734A (Appellant) (Respondent) Present For: Assessee By : Shri Nishit Gandhi, Ld. A.R. Revenue By : Shri A.M.K. Mahadevan, Sr. D.R. Date Of Hearing : 20.11.2025 Date Of Pronouncement : 21.01.2026 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 22.09.2023, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2012-13. 2. In The Instant Case, The Ao Vide Assessment Order Dated 27.11.2019 Under Section 147 R.W.S. 147 Of The Act Has Made The Additions Of Rs.7,00,000,/- & Rs.19,88,290/- Respectively As Unexplained Income Under Section 68 Of The Act & Estimation Of Income @ 1 + 1 % Of Rs.9,94,14,500/- On Credit & Debit Side. 2 M/S. Nucleus Fincons Pvt. Ltd

For Appellant: Shri Nishit Gandhi, Ld. A.RFor Respondent: Shri A.M.K. Mahadevan, Sr. D.R
Section 147Section 250Section 68

impugned order and remand the case to the file of the Ld. Commissioner for decision on merit, suffice to say by affording reasonable opportunity of being heard to the Assessee. 5. This Court also deem it appropriate to direct the Assessee to comply with the notices to be issued