“audi alteram partem”
The decision most relied on for audi alteram partem is 372 92.(2019) 13 SCC 185: MEDICAL COUNCIL OF INDIA v. STATE OF KERALA AND OTHERS 93 (1 SCC 248), cited in 176 judgments on BharatTax.
Leading authorities on audi alteram partem
Audi alteram partem, or the right to be heard, is a fundamental principle of natural justice that applies to all quasi-judicial proceedings, including those before tax authorities.
When a statutory authority takes action that can lead to civil or adverse consequences for an individual, the principles of natural justice, particularly the right to be heard (audi alteram partem), must be implicitly followed, even if the relevant statute does not expressly provide for it.
Formal cross-examination of witnesses who make adverse reports is not an invariable requirement of natural justice (audi alteram partem) in income tax proceedings. Assessees must have a fair opportunity to meet adverse evidence, but this does not mandate formal cross-examination.
This case establishes principles for determining the validity of a special audit direction issued under Section 142(2A) and its impact on the extended period of limitation under Section 153(3) Explanation 1(iii), often considered in the context of natural justice.
Procedural irregularities, especially where initiation was valid but completion was flawed, are often curable and may not automatically invalidate an entire order. This principle, tied to natural justice, means minor defects in procedure can be remedied without voiding the proceedings.
Even a purely administrative order that entails civil consequences must adhere to the principles of natural justice, particularly the rule of audi alteram partem, ensuring a fair hearing. The concept of 'civil consequences' broadly encompasses any impact on a citizen's civil life, beyond just property or personal rights.
In a best judgment assessment, tax authorities cannot act arbitrarily or base conclusions solely on guesswork; additions must be supported by evidence or material on record, and principles of natural justice require communicating adverse material to the assessee.
The principle of natural justice, specifically the right to be heard (audi alteram partem), must be strictly followed in quasi-judicial proceedings. An assessment order is invalid if the assessee is denied the opportunity to cross-examine third parties whose statements or evidence form the basis for additions.
