Commissioner of Income Tax Madras v. Chenniyappa Mudiliar

1 SCC 591Reported decision1985#393 most cited

What is Commissioner of Income Tax Madras v. Chenniyappa Mudiliar authority for?

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.

225

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2015 to 2026.

Also referred to as

Commissioner of Income Tax Madras v. Chenniyappa Mudiliar · Chenniyappa Mudiliar · Section 33(4) Income Tax Act 1922 · appellate tribunal duties · appeal dismissal for absence · appeal disposal on merits · natural justice appellate proceedings · opportunity of being heard · right to be heard appeal

Issues it is cited on

Judgments citing Commissioner of Income Tax Madras v. Chenniyappa Mudiliar

Bharat Kumar Agrawal, Raipur vs. ITO, Ward-4(1), Raipur

In the result, all the appeals of the assessee are

ITA 110/RPR/2026[2022-23]Status: DisposedITAT Raipur20 Mar 2026AY 2022-23

Bench: Shri Partha Sarathi Chaudhury & Shri Avdhesh Kumar Mishraआयकर अपील सं. / Ita No.110/Rpr/2026 निर्धारण वर्ष / Assessment Year : 2022-23 Bharat Kumar Agrawal Opp. Om Hospital, Purani Basti, Raipur (C.G.) Pan: Acjpa4289L ........अपीलार्थी / Appellant बनाम / V/S. The Income Tax Officer, Ward-4(1), Raipur (C.G.) ......प्रत्यर्थी / Respondent Assessee By : Shri Prafulla Pendse, Ca Revenue By : Dr. Priyanka Patel, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 20.03.2026 घोषणा की तारीख / Date Of Pronouncement : 20.03.2026 2 Bharat Kumar Agrawal Vs. Ito, Ward-4(1), Raipur (C.G.)

For Appellant: Shri Prafulla Pendse, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 250

…e fundamental right under Article 14 of the Constitution of India. 11. The Hon'ble High Court of Bombay in the aforesaid case had referred to a decision of the Hon'ble Supreme Court in the case of Commissioner of Income Tax Madras v. Chenniyappa Mudiliar 1969 1 SCC 591, wherein the Supreme Court in interpreting the section 33(4) of the Income Tax Act, 1922 has held that the appellate tribunal was bound to give a proper decision on question of fact as well as law, which can only be done if the appeal is disposed off on merits and not dismissed owing to the absence of the appellant. Reverting to the facts of the pr…