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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

Chanchal Kumar, Patna vs. ITO, Ward- 6 (4), Patna

In the result the appeal of the assessee is allowed for statistical purposes

ITA 241/PAT/2025[2016-17]Status: DisposedITAT Patna16 Jan 2026AY 2016-17

Bench: Shri Laxmi Prasad Sahu & Shri Sonjoy Sarmai.T.A. No.241/Pat/2025 Assessment Year: 2016-17 Chanchal Kumar……………………………… …………………....Appellant S/O Sharma Nand Singh, Chak Musallahpur, Chai Tola Gali, Near Cooperative Bank, Mahendru, Patna, Bihar- 800006.. [Pan: Cenpk3190J] Vs. Ito, Ward-6(4), Patna…….…..……………..………………….…..... Respondent Appearances By: Shri Vishal Kr. Adv. Appeared On Behalf Of The Appellant. Shri Manab Advak, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 13, 2026 Date Of Pronouncing The Order : January 16, 2026 आदेश / Order Per Sonjoy Sarma: The Present Appeal Filed By The Assessee Is Directed Against The Order Dated 30.07.2023 Passed By The Cit(A)-3, Patna U/S 250 Of The Income Tax Act, 1961 (The ‘Act’) For The Assessment Year 2016-17. 2. Brief Facts Of The Case Are That The Assessee Did Not File Its Return Of Income For The Assessment Year Under Consideration & The Case Was Reopened U/S 147. The Assessing Officer Completed Assessment U/S 143 R.W.S. 147 Of The Act By Making Addition Of Rs.81,66,750/- On Account Of Long Term Capital Gain.

Section 143Section 147Section 250

dismissed solely on account of non-appearance of the assessee, without adjudication on merits. The assessee was thus deprived of a reasonable opportunity of being heard. In our considered opinion, in the interest of justice and fair play, the matter deserves to be restored to the file ... fresh adjudication on merits, after providing due and I.T.A. No.241/Pat/2025 Chanchal Kumar reasonable opportunity of being heard to the assessee. Accordingly, the entire issue is remanded back to the Ld. CIT(A) with a direction to examine the matter afresh in accordance with law and after considering the submissions