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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

Bhagyashree Manohar Sawant, Mumbai vs. ITO, Ward - 26(1)(2), Mumbai

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

ITA 791/MUM/2023[2011-12]Status: DisposedITAT Mumbai23 May 2023AY 2011-12

Bench: Shri Pavan Kumar Gadale & Ms. Padmavathy Sbhagyashree Manohar Ito, Ward-26(1)(2), Sawant, 702, 7Th Floor, Room.No.303, बनाम/ Ptabuddha Samata Co- Kautilya Bhavan, Vs. Op Hsg. Society, Bkc, Bandra(E), Sant Rohidas Marg, Mumbai-400051. Sion, Mumbai-400022. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Cohps2513D (अपीलाथ" /Appellant) (""थ" / Respondent) अपीलाथ" ओर से / Appellant By : Shri Malav Sheth.Ar ""थ" की ओर से/Respondent By : Shri Anil Gupta.Dr सुनवाई की तारीख / Date Of Hearing 22/05/2023 घोषणा की तारीख /Date Of Pronouncement 23/05/2023 आदेश / Order Per Pavan Kumar Gadale - Jm: The Assessee Has Filed An Appeal Against The Order Of The Commissioner Of Income-Tax (Appeals)-National Faceless Appeal Centre, Delhi [“Ld. Cit(A)”] Passed Under Section 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year (“Ay”) 2011-12. The Assessee Has Raised Following Grounds Of Appeal:- 1. “Additions Of Rs.25,48,198/- Confirmed Without Giving Opportunity Of Being Heard Is Bad-In-Law & Must Be Deleted.

For Appellant: Shri Malav Sheth.ARFor Respondent: Shri Anil Gupta.DR
Section 143(2)Section 143(3)Section 148Section 250Section 68

Assessment Year (“AY”) 2011-12. The assessee has raised following grounds of appeal:- 1. “Additions of Rs.25,48,198/- confirmed without giving opportunity of being heard is bad-in-law and must be deleted. 2 Bhagyashree Manohar Sawant 2. Addition of Rs.25,48,198/- u/s.68 being bad-in-law must

Sulochana Saijan Modi, Mumbai vs. Income Tax Officer-National E-Assessment Centre, Mumbai

In the result, the appeal filed by assessee is allowed

ITA 557/MUM/2023[2018-2019]Status: DisposedITAT Mumbai23 May 2023AY 2018-2019

Bench: Shri Kuldip Singh& Shri Om Prakash Kantsulochana Saijan Modi, Ito, A-501, Akar Apartment, National E- बनाम/ Film City Road, Malad Assessment Centre, Vs. East, Mumbai-400097. Mumbai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aaopm0887F (अपीलाथ"/Appellant) (""थ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri Shashi Tulsian ""थ" की ओर से/Respondent By: Shri Ajay Singh, Sr.Ar सुनवाई की तारीख/ Date Of Hearing 11/05/2023 घोषणा की तारीख /Date Of Pronouncement 23/05/2023 आदेश / Order Per Om Prakash Kant - Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.01.2023 Passed By Cit(A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] For Assessment Year (“Ay”) 2018-19. 2. The Grounds Raised By The Assessee Are Reproduced As Under: -

For Appellant: Shri Shashi TulsianFor Respondent: Shri Ajay Singh, Sr.AR
Section 143(3)Section 56(2)(x)

date of respective allotment letters. In the limited set aside, the AO shall take appropriate decision in accordance with law after affording adequate opportunity of being heard.” 12. The Ld.CIT(A) has relied on the decision of the Hon’ble Supreme Court in the case of Balbir Singh Maini (supra ... allotment with the transaction value recorded in the registration document. Accordingly, the AO shall give effect to this decision after affording adequate opportunity of being heard to the assessee in terms indicated above. The Grounds raised by the assessee are accordingly, allowed. 15. In the result, the appeal filed