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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

Saraswati Sahitya Prachar Samiti, Raipur vs. Commissioner of Income Tax, Exemption, Bhopal

In the result, appeal of the assessee stands dismissed

ITA 216/RPR/2019[2019-20]Status: DisposedITAT Raipur23 Aug 2023AY 2019-20

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.216/Rpr/2019 निर्धारण वर्ष /Assessment Year: 2019-20 Sarswati Sahitya Prachar Samiti Vs Cit(Exemptions) 1, Saraswari Vihar Bhopal Rohnipuram, Behind Ayurvedik College, Raipur Chattisgarh - 492 001 Pan No. Aafas 0997J (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धारितीती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Smt. Ila M. Parmar, Cit-Dr सुनवाई ाई की तारीख / Date Of Hearing : 21/08/2023 घोषणाणा की तारीख/Date Of Pronouncement : 23/08/2023 आदेश / O R D E R Per Arun Khodpia, Am : The Present Appeal Of The Assessee Is Filed Against The Order Passed By The Ld. Commissioner Of Income Tax (Exemptions), Bhopal, Dated 26.09.2019 U/S 10(23C)(Vi) Of The Income Tax Act, 1961. The Grounds Of The Appeal Raised By The Assessee Are As Under: “1. The Appellant Assessee Is A Aop & Filed The Return Of Its Income For The Assessment Year 2018-19 On 22-08-2018 Declaring Total Income At Rs 9,40,500/- The Assessee Filed An Application In Form 56D On Dated 20/10/2018. The Cit (Exemption), Bhopal Has Rejected The Application Filed By The Assessee U/S 10(23C)(Vi) On 26 September. 2019. 2. The Cit (Exemption), Bhopal Issued A Notice On Dated 12/09/2019 For Attending At The Office On 20.09.2019. The Authorized Representative Of The Assessee, Shri Nandan Lai Jain C.A. Appear Before The Ito Of The Cit (Exemption), Bhopal With The Required & Necessary Documents. 3. The Ld. A.O Had Rejected The Impugned Application Without Giving Any Proper & Meaningful Opportunity Of Being Heard To The Appellant.

For Appellant: NoneFor Respondent: Smt. Ila M. Parmar, CIT-DR
Section 10

Exemption), Bhopal with the required and necessary documents. 3. The Ld. A.O had rejected the impugned application without giving any proper and meaningful opportunity of being heard to the appellant. 2 4. The Ld. A.O had rejected the application arbitrarily without giving any proper reason for the rejection by ignoring ... application, the Ld. CIT(E) in order to ascertain the genuineness of the object and activities of the society has offered an opportunity of being heard to the assessee on 20.09.2019. In response, the Ld. AR of the assessee made a written submission on 20.09.2019. On perusal of the submissions

Kamlesh Jethmal Shah, Silvassa vs. Income Tax Officer, Silvassa Ward, Silvassa

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

ITA 368/SRT/2023[2009-10]Status: HeardITAT Surat22 Aug 2023AY 2009-10

Bench: Dr. A. L. Saini, Am आयकर अपीलसं./Ita No.368/Srt/2023 ("नधा"रण वष" / Assessment Year: (2009-10) (Virtual Court Hearing) Kamlesh Jethmal Shah Income Tax Officer, Ward- Plot No.P-9/1, Everest Garden, Silvassa, First Floor, B.B.Mall, Vs. Opp. Indian Bank, Naroli Road, Near Civil Court, Tokarkhada, Silvassa-396230 Silvassa-39230 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aeqps 7259 R (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By Ms. Kaushali Shah, Ar िनधा"रती की ओर से /Respondent By Shri Vinod Kumar, Sr. Dr सुनवाईकीतारीख/Date Of Hearing 21/08/2023 घोषणाकीतारीख/Date Of Pronouncement 22/08/2023

Section 271(1)(c)

NFAC/Ld. CIT(A) has passed the impugned order, as ex parte. Considering the above facts, I note that assessee has not given sufficient opportunity of being heard and could not plead his case successfully before the NFAC/ld. CIT(A). I note that the NFAC/ld. CIT(A) did not discuss ... settled law that principles of natural justice and fair play require that the affected party ITA.368/SRT/2023 AY.09-10 Kamlesh J Shah is granted sufficient opportunity of being heard to contest his case. Therefore, without delving much deeper into the merits of the case, in the interest of justice, I restore