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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

Shrenik Hiralal Shah, Vadodara, Gujarat vs. Assistant Commissioner of Income Tax, Circle 1(1)(1), Vadodara, Gujarat

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

ITA 1130/AHD/2023[2010-11]Status: DisposedITAT Ahmedabad14 Feb 2024AY 2010-11

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year : 2010-11 Shri Shrenik Hiralal Shah The Asstt.Cit 5/A Vrundavan Bungalows Vs Circle-1(1)91) Near Mathura Nagari, Tandalja Vadodara Vadodara -390 020 Gujarat, India Pan: Apnps 0058 Q अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Ms.Amrion Pathan, Ar Revenue By : Shri B.P. Makwana, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 07/02/2024 घोषणा क" तार"ख /Date Of Pronouncement: 14/02/2024 आदेश/O R D E R Per Ms. Suchitra Kamblethis Appeal Is Filed By The Assessee Against The Order Dated 31/10/2023 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [“Cit(A)” In Short] For Assessment Year 2010-11. 2. Grounds Of Appeal Are As Under:

For Appellant: Ms.Amrion Pathan, ARFor Respondent: Shri B.P. Makwana, Sr.DR
Section 147Section 148Section 24Section 271(1)(c)Section 50CSection 50C(1)Section 50C(2)

passing the order ex-parte. 2) The learned CIT(A) erred in fact and in law in passing the order without granting proper opportunity of being heard. 3) The learned CIT(A) erred in fact and in law in confirming the action of the learned assistant Commissioner of Income

Divyeshkumar L.Kachhiya, Anand vs. The Income Tax Officer, Ward-1, Anand

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

ITA 1065/AHD/2023[2011-12]Status: DisposedITAT Ahmedabad14 Feb 2024AY 2011-12

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 1065/Ahd/2023 ("नधा"रण वष" / Assessment Year : 2011-12) Divyeshkumar L. The Income Tax Officer बनाम/ Kachhiya Ward-1, Anand Vs. Bhat Pipli, Umreth, Anand Gujarat, 388220 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Bqfpk5153G (Appellant) .. (Respondent) Shri M. K. Patel, A.R. अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri V. K. Mangla, Sr. Dr Date Of Hearing 12/02/2024 14/02/2024 Date Of Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal Filed At The Instance Of The Assessee Is Directed Against The Order Dated 16.10.2023 Passed By The National Faceless Appeal Centre (Nfac), Delhi, Arising Out Of The Order Dated 28.11.2018 Passed By The Ito, Ward-3, Anand, Under Section 147 R.W.S. 144 Of The Income Tax Act, 1961, (Hereinafter Referred To As ‘The Act’) For Assessment Year 2011-12. 2. The Appeal Is Time Barred By 3 Days. Considering The Merit Of The Matter, We Condone The Delay In Preferring Such Appeal Before Us.

For Respondent: Shri V. K. Mangla, Sr. DR
Section 147

been heard by the Revenue authorities as it is evident on record and in that view of the matter, we find further opportunity of being heard to the appellant be given. Thus, in order to prevent the miscarriage of justice, we set aside the issue to the file ... considering the issue afresh on merit and to pass a reasoned order upon granting an opportunity of being heard to the assessee and considering the evidence on record or any other evidence which the assessee may choose to file at the time of hearing of the matter

Srinivas Cheedara, Hyderabad vs. ITO., Ward-9(4), Hyderabad

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

ITA 669/HYD/2023[2017-18]Status: HeardITAT Hyderabad14 Feb 2024AY 2017-18

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyआ.अपी.सं /Ita No.669/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2017-18) Shri Srinivas Cheedara Vs. Income Tax Officer Hyderabad Ward 9(4) Pan:Aeapc3856J Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Mohd. Afzal, Advocate राज" व "ारा/Revenue By:: Shri S. Mookambikeyan, Dr सुनवाई की तारीख/Date Of Hearing: 13/02/2024 घोषणा की तारीख/Pronouncement: 14/02/2024 Order Per R.K. Panda, Vice-. This Appeal Filed By The Assessee Is Directed Against The Ex-Parte Order Dated 25.10.2023 Of The Learned Cit (A)- Nfac Delhi Hyderabad, Relating To A.Y.2017-18. 2. Although A Number Of Grounds Have Been Raised By The Assessee, However, These All Relate To The Ex-Parte Order Of The Learned Cit (A) Nfac In Confirming The Addition Of Rs.53,41,600/- Made By The Assessing Officer U/S 69A R.W.S.115Bbe Of The I.T. Act Being The Cash Deposits In The Bank Account As Unexplained Money.

For Appellant: Shri Mohd. Afzal, AdvocateFor Respondent: : Shri S. Mookambikeyan, DR
Section 133(6)Section 139(1)Section 142(1)Section 144Section 69A

Bank Account by producing the relevant details. The Assessing Officer shall decide the issue as per fact and law after giving due opportunity of being heard to the assessee. The assessee is also Page 4 of 5 ITA No 669 of 2023 Srinivas Cheedra Hyderabad hereby directed to participate

Income Tax Officer, Ward-8(1), Hyderabad vs. Dhobba Madhavi, Hyderabad

In the result the appeal filed by the Revenue and the C

ITA 614/HYD/2023[2017-18]Status: HeardITAT Hyderabad14 Feb 2024AY 2017-18

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyआ.अपी.सं /Ita No.614/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2017-18) Income Tax Officer Vs. Smt. Dhobba Madhavi, Ward 8(1) Hyderabad Hyderabad Pan:Cqspm2066A C.O No.1/Hyd/2024 (Arising Out Of Ita No.614/Hyd/2023 (A.Y 2017-18) (Appellant) (Respondent) Smt. Dhobba Madhavi, Vs. Income Tax Officer Hyderabad Ward 8(1) Pan:Cqspm2066A Hyderabad (Appellant) (Respondent) राज" व "ारा /Revenue By: Shri Shakeer Ahmed, Dr िनधा""रती "ारा /Assessee By:: Shri P. Prasad, Ca सुनवाई की तारीख/Date Of Hearing: 13/02/2024 घोषणा की तारीख/Pronouncement: 14/02/2024 Order Per R.K. Panda, Vice-. This Appeal Filed By The Revenue Is Directed Against The Order Dated 28.11.2023 Of The Learned Cit (A)-Nfac, Delhi, Relating To A.Y.2017-18. The Assessee Has Also Filed The Cross Objection Against The Appeal Filed By The Revenue. For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: : Shri P. Prasad, CAFor Respondent: Shri Shakeer Ahmed, DR
Section 133(6)Section 142(1)Section 144Section 69A

cash deposits by producing the relevant details. The Assessing Officer shall decide the issue as per fact and law after giving due opportunity of being heard to the assessee. The assessee is also hereby directed to participate in the assessement proceedings and file the requisite details failing which the Assessing