CIT v. Multiplan India Ltd.

38 ITD 320Income Tax Appellate Tribunal1991#8 most cited

What is CIT v. Multiplan India Ltd. authority for?

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.

2,267

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Multiplan India Ltd. · Rule 19(2) Income-tax (Appellate Tribunal) Rules · appeal dismissed non-prosecution · appeal unadmitted · appellant non-cooperation · lack of diligence · opportunity of being heard · section 250 · appellate procedure

Issues it is cited on

Judgments citing CIT v. Multiplan India Ltd.

Prasada Rao Ganipineni, Nellore vs. ACIT., Circle - 1, Nellore

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

ITA 640/HYD/2025[2010-11]Status: HeardITAT Hyderabad27 Oct 2025AY 2010-11

Bench: Shri Vijay Pal Rao & Shri Manjunatha Gआ.अपी.सं /Ita No.640/Hyd./2025 िनधा"रण वष"/Assessment Year 2010-2011 Mr. Prasada Rao Ganipineni, Nellore. The Acit, Circle-1, Pin – 524 004. Vs. Nellore. Pan Acvpg9050D Andhra Pradesh (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Ca, A. Srinivas राज" व "ारा/Revenue By:: Dr. Narendra Kumar Naik, Cit-Dr सुनवाई की तारीख/Date Of Hearing: 27.10.2025 घोषणा की तारीख/Pronouncement: 27.10.2025 आदेश/Order Per Vijay Pal Rao: This Appeal By Assessee Is Directed Against The Order Dated 13.12.2024 Of The Learned Cit(A), Hyderabad- 11, Hyderabad, For The Assessment Year 2010-2011. 2

For Appellant: CA, A. SrinivasFor Respondent: : Dr. Narendra Kumar Naik, CIT-DR

…ils to appear at the hearing, or falls in taking steps for preparation of paper books so as to enable hearing of the reference, the court is not bound to answer the reference. Similar view has also been taken in the case of CIT v. Multiplan (India) Pvt. Ltd., 38 ITD 320 (Del). Following the ratio of Multiplan (India) Ltd (supra), the Chennai Tribunal has also dismissed appeal for non- prosecution in the case of M/s Helios and Matheson Information Technology Ltd v ITO in ITA No.134/Mds/2011 dated 5.7.2011 for A.Y.2006-07. It is pertinent to add here that the laws assist those who are vigilant and not those who sle…

Manda Shantaram Garade, Talegaon Dabhade vs. Income Tax Officer 9(3), Akurdi

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

ITA 1343/PUN/2025[2019-20]Status: DisposedITAT Pune19 Sept 2025AY 2019-20

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.1343/Pun/2025 निर्धारण वषा / Assessment Year: 2019-20 Manda Shantaram Garade, V The Assessing Officer, 66, Dhamane Gavthan, Near S Ward-9(3), Pune. Padmavati Mandir, Talegaon, Maharashtra – 410506. Pan: Bjcpg4762K Appellant/ Assessee Respondent / Revenue Assessee By Shri Nishit Gandhi(Virtual), Aadnya Bhandari(Present In Itat Pune Bench) Revenue By Shri Ramnath P Murkunde – Cit(Dr) Date Of Hearing 18/09/2025 Date Of Pronouncement 19/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961 Dated 26.03.2025 For The A.Y.2019-20 Emanating From The Assessment Order Passed Under Section 147 R.W.S 144 Read With Section 144B Of The Income Tax Act

Section 144Section 144BSection 147Section 148ASection 149(1)Section 151ASection 250Section 69A

…dd, alter, amend, delete etc the above grounds of appeal in the interest of natural justice. 3.1 However, ld.CIT(A) dismissed the appeal of the Assessee due to non-compliance following the decision of ITAT Delhi in the case of CIT Vs. Multiplan India Pvt. Ltd 38 ITD 320 (Del). 4. As per Section 250 of the Income Tax Act, it was mandatory for ld.CIT(A) to adjudicate the grounds of appeal raised by the Assessee. In this case, there are legal grounds, which could have been adjudicated by ld.CIT(A) by calling the details from Assessing Officer. However, ld.CIT(A) has not bothered to adjudicate the Grounds. ITA No.1…

Shubham Yadav L/H Vijay Pal Yadav, Meerut vs. ITO, Ward-1(2)(4), Meerut

In the result, both appeals of the assessee is allowed for statistical purposes

ITA 1076/DEL/2025[2017-18]Status: DisposedITAT Delhi29 Aug 2025AY 2017-18

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishraita No.1075 & 1076/Del/2025, A.Ys. 2012-13 & 2017-18 Shubham Yadav Income Tax Officer, L/H Of Vijay Pal Yadav, Ward-2(4), 145, B.C. Lines, Vs. Aaykar Bhawan, Meerut- 250001 Bhainsali Ground, Meerut, Pan: Aaapy8828J Uttar Pradesh (Appellant) (Respondent) Appellant By Sh. Raj Kumar, Advocate Respondent By Sh. Gouranga Chandra, Sr. Dr Date Of Hearing 27/08/2025 Date Of Pronouncement 29/08/2025 Order Per Avdhesh Kumar Mishra, Am Common Facts & Similar Grounds Arise In The Above Captioned Appeals Of The Assessee; Therefore, These Appeals Were Heard Together & Are Being Disposed Off By This Common Order.

Section 144Section 147Section 148

…nciple is embodied in well-known dictum, "vigilantibus et non dormientibus jura subveniunt Considering the facts and keeping in view the provisions of rule 19(2) of the Income-tax (Appellate Tribunal) Rules in the case of CIT V. Multiplan India (P) Uld [1991] 38 ITD 320 (Delhi), the appeal was treated as unadmitted. Similar view has been taken by the Hon'ble Madhya Pradesh High Court in the case of Estate of late Tukojirao Holkar v. CWT [1997] 223 ITR 480 wherein it has been held as under (headnote) "If the party, at whose instance the reference is made fails to appear at the hearing or fails in taking steps for…

Shubham Yadav L/H of Vijay Pal Yadav, Meerut vs. ITO, Ward-2(4), Meerut

In the result, both appeals of the assessee is allowed for statistical purposes

ITA 1075/DEL/2025[2012-13]Status: DisposedITAT Delhi29 Aug 2025AY 2012-13

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishraita No.1075 & 1076/Del/2025, A.Ys. 2012-13 & 2017-18 Shubham Yadav Income Tax Officer, L/H Of Vijay Pal Yadav, Ward-2(4), 145, B.C. Lines, Vs. Aaykar Bhawan, Meerut- 250001 Bhainsali Ground, Meerut, Pan: Aaapy8828J Uttar Pradesh (Appellant) (Respondent) Appellant By Sh. Raj Kumar, Advocate Respondent By Sh. Gouranga Chandra, Sr. Dr Date Of Hearing 27/08/2025 Date Of Pronouncement 29/08/2025 Order Per Avdhesh Kumar Mishra, Am Common Facts & Similar Grounds Arise In The Above Captioned Appeals Of The Assessee; Therefore, These Appeals Were Heard Together & Are Being Disposed Off By This Common Order.

Section 144Section 147Section 148

…nciple is embodied in well-known dictum, "vigilantibus et non dormientibus jura subveniunt Considering the facts and keeping in view the provisions of rule 19(2) of the Income-tax (Appellate Tribunal) Rules in the case of CIT V. Multiplan India (P) Uld [1991] 38 ITD 320 (Delhi), the appeal was treated as unadmitted. Similar view has been taken by the Hon'ble Madhya Pradesh High Court in the case of Estate of late Tukojirao Holkar v. CWT [1997] 223 ITR 480 wherein it has been held as under (headnote) "If the party, at whose instance the reference is made fails to appear at the hearing or fails in taking steps for…

Brijlaxmi Paper Products Private Limited, Kolkata vs. DCIT, Circle 5(1), Kolkata

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

ITA 854/KOL/2025[2018-2019]Status: DisposedITAT Kolkata25 Aug 2025AY 2018-2019

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 854/Kol/2025 Assessment Year: 2018-2019 Brijlaxmi Paper Products Pvt. Limited,……..Appellant 686, Shrachi Tower, Anandapur Em Byepass, Kolkata-700107 [Pan:Aafcb2003G] -Vs.- Deputy Commissioner Of Income Tax,….....Respondent Circle-5(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Sanjay Chatterjee, Ca, Appeared On Behalf Of The Assessee Shri Dheeraj, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: August 05, 2025 Date Of Pronouncing The Order: August 25, 2025 O R D E R

Section 133(6)Section 142(1)Section 143(2)

…and the case of New India Assurance -vs.- Srinivasan (2000) 3 SCC 242 as well as Hon’ble Punjab & Haryana High Court in the case of Nirmal Singh & Others (Cr No. 3791 of 2013 (O & M) dated 01.05.2014. Likewise, in the case of CIT Vs. Multiplan India (P) Ltd. (38 ITD 320) (Del) similar view had been taken. The ld. CIT(Appeals), therefore, convinced that the assessee was not interested in prosecuting the appeal and, therefore, dismissed the appeal of the assessee as un-admitted. 4 Brijlaxmi Paper Products Pvt. Limited 8. Now the question before us is imposition of penalty for furnishing inaccurate particulars of…

Brijlaxmi Paper Products Private Limited, Kolkata vs. DCIT, Circle 5(1), Kolkata

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

ITA 853/KOL/2025[2018-2019]Status: DisposedITAT Kolkata25 Aug 2025AY 2018-2019

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 853/Kol/2025 Assessment Year: 2018-2019 Brijlaxmi Paper Products Pvt. Limited,……..Appellant 686, Shrachi Tower, Anandapur Em Byepass, Kolkata-700107 [Pan:Aafcb2003G] -Vs.- Deputy Commissioner Of Income Tax,….....Respondent Circle-5(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Sanjay Chatterjee, Ca, Appeared On Behalf Of The Assessee Shri Dheeraj, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: August 05, 2025 Date Of Pronouncing The Order: August 25, 2025 O R D E R

Section 143(3)Section 144BSection 270A

…and the case of New India Assurance -vs.- Srinivasan (2000) 3 SCC 242 as well as Hon’ble Punjab & Haryana High Court in the case of Nirmal Singh & Others (Cr No. 3791 of 2013 (O & M) dated 01.05.2014. Likewise, in the case of CIT Vs. Multiplan India (P) Ltd. (38 ITD 320) (Del) similar view had been taken. The ld. CIT(Appeals), therefore, convinced that the assessee was not interested in prosecuting the appeal and, therefore, dismissed the appeal of the assessee as un-admitted. 8. Now the question before us is imposition of penalty for furnishing inaccurate particulars of income was justified or not? No penalty c…

Krishnamurthy Rangappa, Bangalore vs. Income Tax Officer, Ward-4(1)(1), Bangalore

In the result, appeal of the assessee is allowed for statistical purposes as indicated herein above

ITA 1308/BANG/2025[2018-19]Status: DisposedITAT Bangalore21 Aug 2025AY 2018-19

Bench: Dr. Dipak P. Ripote & Shri Prakash Chand Yadavassessment Year: 2018-19 Krishnamurthy Rangappa, Income Tax Officer, 2, Manjunatha Nilaya, Ward-4(1)(1), Little Flower Hospital, R.M. Nagar, Bangalore. Vs. Bangalore-560016. Pan No : Agppr2719C Appellant Respondent Appellant By : Sri Pranav Krishna – Advocate Respondent By : Sri Balusamy N - Jcit Date Of Hearing : 20.08.2025 Date Of Pronouncement : 21.08.2025 O R D E R Per Dr. Dipak P. Ripote: This Appeal Filed By Krishnamurthy Rangappa Against The Order Of The Learned Commissioner Of Income Tax (Appeals) (Nfac) Passed U/S. 250 Of The Income Tax Act, 1961 (In Short “The Act”) For Asst Year 2018-19 On 18/03/2025 Emanating From Assessment Order Dated 09/04/2021 Passed U/S. 143(3) Of The Act. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Sri Pranav Krishna – AdvocateFor Respondent: Sri Balusamy N - JCIT
Section 143(3)Section 234ASection 250

…used the records. It is observed that the Ld. CIT(A) had not adjudicated the Grounds of Appeal raised by the assessee before him. The Ld. CIT(A) has merely dismissed the appeal of the assessee following the decision in the case of CIT vs. Multiplan India Ltd, 38 ITD 320 (Delhi). Page 4 of 5 Krishnamurthy Rangappa vs. ITO 6. The Hon’ble Bombay High Court in the case of PCIT (Central) v/s Premkumar Arjundas Luthra (HUF), [2017] 297 CTR 614 (Bom.), wherein the Hon’ble High Court has held as under:– “8. From the aforesaid provisions, it is very clear once an appeal is preferred before the CIT(A), then in disposing o…

Shilpaa Electrical Infra Tech India Limited, Hyderabad vs. ACIT, Central Circle - 3(2), Hyderabad

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

ITA 934/HYD/2025[2018-19]Status: DisposedITAT Hyderabad20 Aug 2025AY 2018-19

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita No.934/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2018-19) M/S Shilpa Electrical Infra Vs. Acit Tech India Limited Central Circle 3(2) Hyderabad Hyderabad Pan:Aalcs7808Q (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Vinod, Advocate राज" व "ारा/Revenue By:: Shri Sv Siva Prasad, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 13/08/2025 घोषणा की तारीख/Pronouncement: 20/08/2025 आदेश/Order Per Vijay Pal Raothis Appeal By The Assessee Is Directed Against The Order Dated 10/03/2025 Of The Learned Cit (A)-Hyderabad-11, For The A.Y.2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri P. Vinod, AdvocateFor Respondent: : Shri SV Siva Prasad, Sr. AR
Section 133ASection 143(2)

…ITA No 934 of 2025 Shilpa Electrical Infra Tech India Ltd आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ DB-A ‘ Bench, Hyderabad Before Shri Vijay Pal Rao, Vice-President A N D Shri Manjunatha, G. Accountant Member आ.अपी.सं /ITA No.934/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2018-19) M/s Shilpa Electrical Infra Vs. ACIT Tech India Limited Central Circle 3(2) Hyderabad Hyderabad PAN:AALCS7808Q (Appellant) (Respondent) िनधा""रती "ारा/Assessee by: Shri P. Vinod, Advocate राज" व "ारा/Revenue by:: Shri SV Siva Prasad, Sr. AR सुनवाई की तारीख/Date of hearing: 13/08/2025 घोषणा की त…