← All Phrases

“violation of natural justice”

Natural JusticeAudi Alteram PartemAudi Alteram Partem881 judgments

The decision most relied on for violation of natural justice is Kishanchand Chellaram v. CIT (125 ITR 713), cited in 962 judgments on BharatTax.

Leading authorities on violation of natural justice

Kishanchand Chellaram v. CIT
125 ITR 713 · 1980 · Supreme Court
962
citing judgments

An assessee is entitled to be confronted with evidence used against them and to an opportunity for cross-examination, especially when that evidence is from a third party or a retracted statement. Failure to provide such an opportunity violates the principles of natural justice.

CIT v. Ashwani Gupta
322 ITR 396 · 2010 · High Court
262
citing judgments

Proceedings become fatal if principles of natural justice are violated, such as when seized material is not provided to the assessee or cross-examination of a person whose statement the Assessing Officer relies upon is denied.

Shivsagar Veg Restaurant v. ACIT
317 ITR 433 · 2009 · High Court
202
citing judgments

Orders that are inordinately delayed are liable to be recalled and heard afresh, and the Appellate Tribunal President should frame guidelines for timely disposal of appeals.

Vijay Shrinivasrao Kulkarni v. Income-tax Appellate Tribunal
171 Taxmann.com 696 · 2025 · High Court
200
citing judgments

The ITAT fails to uphold natural justice when it doesn't address an infirmity regarding an assessee being denied a proper opportunity of being heard before the CIT(Appeals)/NFAC dismissed the matter ex-parte.

H.R. Mehta v. ACIT
387 ITR 561 · 2016 · High Court
175
citing judgments

An assessment order is unsustainable if the Assessing Officer denies the assessee the opportunity to cross-examine deponents whose statements are relied upon or fails to provide the material used against them, as this violates principles of natural justice.

H.R. Mehta v. Assistant Commissioner of Income-tax, Mumbai
72 Taxmann.com 110 · 2016 · High Court
125
citing judgments

The Assessing Officer must provide the assessee with all material relied upon for an addition or disallowance and an opportunity to cross-examine deponents or witnesses whose statements form the basis of the assessment. Failure to provide such an opportunity violates natural justice and invalidates the addition or disallowance.

Andaman Timber Industries v. Commissioner of Central Excise
15 SCC 785 · 2016 · Supreme Court
91
citing judgments

An assessment order is invalid if it relies on statements of third-party witnesses without granting the assessee the opportunity to cross-examine them, as this constitutes a fundamental breach of natural justice. No addition can be sustained if based solely on un-cross-examined statements.

Additional Income-tax Officer v. Ponkunnam Traders
102 ITR 366 · 1976 · High Court
66
citing judgments

When an Income-tax Officer relies on third-party evidence to make an addition to an assessee's income, the assessee must be given an opportunity to cross-examine those parties. Failure to provide this opportunity violates natural justice and invalidates the addition.

Judgments citing violation of natural justice

Colombia Cooperative Housing Society Limited, Bandra vs. Assessment Unit, NFAC

ITA 4222/MUM/2025[2015-16]Status: DisposedITAT Mumbai22 Dec 2025AY 2015-16

Bench: Shri Sandeep Gosain & Shri Girish Agrawalcolombia Co-Operative Housing Vs Ito, Ward 23(1)(1), Mumbai Society Limited 5Th Floor, Piramal Chamber, C-486/B, Plot B, St. Domnie Road, Churchgate, Mumbai Bandra (West), Mumbai 400050 400012 Pan: (Aaaac2663A) Appellant Respondent Present For: Appellant By : Shri Pradip Kapasi, Ca Respondent By : Shri Virabhadra Mahajan, Sr. Dr (Virtually Present) Date Of Hearing : 23.09.2025 Date Of Pronouncement : 22.12.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/ 250/2025-26/1076003708(1) Dated 02.05.2025 Passed Against The Assessment Order U/S. 147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 18.03.2024 For Ay 2015-16. 2. Grounds Taken By The Assessee Are Reproduced As Under: “Ground No. 1: Reopening & Reassessment A. The Ld. Cit(A) Erred In Law & On Facts In Confirming The Action Of The Ld.Ao Of Reopening & Reassessment. Your Appellant Prays That The Reopening & 2

For Appellant: Shri Pradip Kapasi, CAFor Respondent: Shri Virabhadra Mahajan, Sr. DR
Section 147Section 149(1)Section 45

hands of the members for A.Y. 2003-04 and thereby erred in not following the Rule of consistency. GROUND NO. 3: Violation of Natural Justice A. The Ld. CIT(A) again erred in law and on facts in completely denying the opportunity of being heard during the course of appeal ... again erred in law and on facts in not appreciating that the order passed by the Ld.AO suffered from gross violation of Natural Justice including on account of; i) in altogether ignoring the detailed submissions and explanations by alleging that the appellant had not submitted any explanations or evidence

Girish Babu Durgam, Hyderabad vs. ACIT., Central Circle-1(1), Hyderabad

In the result, the appeal of the assessee in ITA No

ITA 19/HYD/2025[2021-22]Status: DisposedITAT Hyderabad10 Dec 2025AY 2021-22

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.13 To 19/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2015-16 To 2021-22) Shri Girish Babu Durgam Vs. Asstt. Commissioner Of Hyderabad Income Tax, Central Pan:Ajupd6947J Circle 1(1), Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Ranjan Agrawala, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 18/11/2025 घोषणा की तारीख/Pronouncement: 10/12/2025 आदेश/Order Per Bench: These Seven Appeals Are Filed By Shri Girish Babu Durgam (“The Assessee”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”) Dated 29.11.2024 & 05/12/2024For The A.Ys 2015-16 To 2021-22. Since Common Issues Are Involved In All These Appeals, For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: : Shri Ranjan Agrawala, Sr. DR
Section 153A

contra, the Learned Departmental Representative (“Ld. DR”) relied on the orders of the lower authorities and submitted that the allegation of violation of natural justice is unfounded. The Ld. DR invited our attention to para no. 5.2 of the order of the Ld. CIT(A), wherein it has been clearly

Girish Babu Durgam, Hyderabad vs. ACIT., Central Circle- 1(1), Hyderabad

In the result, the appeal of the assessee in ITA No

ITA 18/HYD/2025[2020-21]Status: DisposedITAT Hyderabad10 Dec 2025AY 2020-21

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.13 To 19/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2015-16 To 2021-22) Shri Girish Babu Durgam Vs. Asstt. Commissioner Of Hyderabad Income Tax, Central Pan:Ajupd6947J Circle 1(1), Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Ranjan Agrawala, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 18/11/2025 घोषणा की तारीख/Pronouncement: 10/12/2025 आदेश/Order Per Bench: These Seven Appeals Are Filed By Shri Girish Babu Durgam (“The Assessee”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”) Dated 29.11.2024 & 05/12/2024For The A.Ys 2015-16 To 2021-22. Since Common Issues Are Involved In All These Appeals, For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: : Shri Ranjan Agrawala, Sr. DR
Section 153A

contra, the Learned Departmental Representative (“Ld. DR”) relied on the orders of the lower authorities and submitted that the allegation of violation of natural justice is unfounded. The Ld. DR invited our attention to para no. 5.2 of the order of the Ld. CIT(A), wherein it has been clearly

Girish Babu Durgam, Hyderabad vs. ACIT., Central Circle-1(1), Hyderabad

In the result, the appeal of the assessee in ITA No

ITA 17/HYD/2025[2019-20]Status: DisposedITAT Hyderabad10 Dec 2025AY 2019-20

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.13 To 19/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2015-16 To 2021-22) Shri Girish Babu Durgam Vs. Asstt. Commissioner Of Hyderabad Income Tax, Central Pan:Ajupd6947J Circle 1(1), Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Ranjan Agrawala, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 18/11/2025 घोषणा की तारीख/Pronouncement: 10/12/2025 आदेश/Order Per Bench: These Seven Appeals Are Filed By Shri Girish Babu Durgam (“The Assessee”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”) Dated 29.11.2024 & 05/12/2024For The A.Ys 2015-16 To 2021-22. Since Common Issues Are Involved In All These Appeals, For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: : Shri Ranjan Agrawala, Sr. DR
Section 153A

contra, the Learned Departmental Representative (“Ld. DR”) relied on the orders of the lower authorities and submitted that the allegation of violation of natural justice is unfounded. The Ld. DR invited our attention to para no. 5.2 of the order of the Ld. CIT(A), wherein it has been clearly

Girish Babu Durgam, Hyderabad vs. ACIT., Central Circle-1(1), Hyderabad

In the result, the appeal of the assessee in ITA No

ITA 16/HYD/2025[2018-19]Status: DisposedITAT Hyderabad10 Dec 2025AY 2018-19

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.13 To 19/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2015-16 To 2021-22) Shri Girish Babu Durgam Vs. Asstt. Commissioner Of Hyderabad Income Tax, Central Pan:Ajupd6947J Circle 1(1), Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Ranjan Agrawala, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 18/11/2025 घोषणा की तारीख/Pronouncement: 10/12/2025 आदेश/Order Per Bench: These Seven Appeals Are Filed By Shri Girish Babu Durgam (“The Assessee”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”) Dated 29.11.2024 & 05/12/2024For The A.Ys 2015-16 To 2021-22. Since Common Issues Are Involved In All These Appeals, For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: : Shri Ranjan Agrawala, Sr. DR
Section 153A

contra, the Learned Departmental Representative (“Ld. DR”) relied on the orders of the lower authorities and submitted that the allegation of violation of natural justice is unfounded. The Ld. DR invited our attention to para no. 5.2 of the order of the Ld. CIT(A), wherein it has been clearly

Girish Babu Durgam, Hyderabad vs. ACIT., Central Circle-1(1), Hyderabad

In the result, the appeal of the assessee in ITA No

ITA 15/HYD/2025[2017-18]Status: DisposedITAT Hyderabad10 Dec 2025AY 2017-18

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.13 To 19/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2015-16 To 2021-22) Shri Girish Babu Durgam Vs. Asstt. Commissioner Of Hyderabad Income Tax, Central Pan:Ajupd6947J Circle 1(1), Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Ranjan Agrawala, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 18/11/2025 घोषणा की तारीख/Pronouncement: 10/12/2025 आदेश/Order Per Bench: These Seven Appeals Are Filed By Shri Girish Babu Durgam (“The Assessee”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”) Dated 29.11.2024 & 05/12/2024For The A.Ys 2015-16 To 2021-22. Since Common Issues Are Involved In All These Appeals, For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: : Shri Ranjan Agrawala, Sr. DR
Section 153A

contra, the Learned Departmental Representative (“Ld. DR”) relied on the orders of the lower authorities and submitted that the allegation of violation of natural justice is unfounded. The Ld. DR invited our attention to para no. 5.2 of the order of the Ld. CIT(A), wherein it has been clearly

Girish Babu Durgam, Hyderabad vs. ACIT., Central Circle-1(1), Hyderabad

In the result, the appeal of the assessee in ITA No

ITA 14/HYD/2025[2016-17]Status: DisposedITAT Hyderabad10 Dec 2025AY 2016-17

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.13 To 19/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2015-16 To 2021-22) Shri Girish Babu Durgam Vs. Asstt. Commissioner Of Hyderabad Income Tax, Central Pan:Ajupd6947J Circle 1(1), Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Ranjan Agrawala, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 18/11/2025 घोषणा की तारीख/Pronouncement: 10/12/2025 आदेश/Order Per Bench: These Seven Appeals Are Filed By Shri Girish Babu Durgam (“The Assessee”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”) Dated 29.11.2024 & 05/12/2024For The A.Ys 2015-16 To 2021-22. Since Common Issues Are Involved In All These Appeals, For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: : Shri Ranjan Agrawala, Sr. DR
Section 153A

contra, the Learned Departmental Representative (“Ld. DR”) relied on the orders of the lower authorities and submitted that the allegation of violation of natural justice is unfounded. The Ld. DR invited our attention to para no. 5.2 of the order of the Ld. CIT(A), wherein it has been clearly

Girish Babu Durgam, Hyderabad vs. ACIT., Central Circle-1(1), Hyderabad

In the result, the appeal of the assessee in ITA No

ITA 13/HYD/2025[2015-16]Status: DisposedITAT Hyderabad10 Dec 2025AY 2015-16

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.13 To 19/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2015-16 To 2021-22) Shri Girish Babu Durgam Vs. Asstt. Commissioner Of Hyderabad Income Tax, Central Pan:Ajupd6947J Circle 1(1), Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Ranjan Agrawala, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 18/11/2025 घोषणा की तारीख/Pronouncement: 10/12/2025 आदेश/Order Per Bench: These Seven Appeals Are Filed By Shri Girish Babu Durgam (“The Assessee”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”) Dated 29.11.2024 & 05/12/2024For The A.Ys 2015-16 To 2021-22. Since Common Issues Are Involved In All These Appeals, For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: : Shri Ranjan Agrawala, Sr. DR
Section 153A

contra, the Learned Departmental Representative (“Ld. DR”) relied on the orders of the lower authorities and submitted that the allegation of violation of natural justice is unfounded. The Ld. DR invited our attention to para no. 5.2 of the order of the Ld. CIT(A), wherein it has been clearly