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 366,339 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

Mahendra Kumar Gupta, Indore vs. ACIT Circle-2(1), Raipur

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

ITA 138/RPR/2025[2012-13]Status: HeardITAT Raipur17 Apr 2025AY 2012-13

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.137/Rpr/2025 "नधा"रण वष" /Assessment Year: 2011-12 Mahendra Kumar Gupta Huf 404, Suraj Villa, 9/2, New Palasia, Indore (M.P)-452 001 Pan: Aaghm8528M .......अपीलाथ" / Appellant बनाम / V/S. The Assistant Commissioner Of Income Tax, Circle-2(1), Raipur (C.G.) ……""यथ" / Respondent आयकर अपील सं./Ita No.138/Rpr/2025 "नधा"रण वष" /Assessment Year: 2012-13 Mahendra Kumar Gupta 404, Suraj Villa, 9/2, New Palasia, Indore (M.P)-452 001 Pan: Adcpg7886K .......अपीलाथ" / Appellant बनाम / V/S. The Assistant Commissioner Of Income Tax, Circle-2(1), Raipur (C.G.) ……""यथ" / Respondent : Mrs. Shelly Maheshwari, Ca Shri Ashish Goyal, Advocate Revenue By : Dr. Priyanka Patel, Sr. Dr

For Respondent: Mrs. Shelly Maheshwari, CA
Section 5

…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…

Mahendra Kumar Gupta HUF, Indore vs. ACIT Circle-2(1), Raipur

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

ITA 137/RPR/2025[2011-12]Status: HeardITAT Raipur17 Apr 2025AY 2011-12

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.137/Rpr/2025 "नधा"रण वष" /Assessment Year: 2011-12 Mahendra Kumar Gupta Huf 404, Suraj Villa, 9/2, New Palasia, Indore (M.P)-452 001 Pan: Aaghm8528M .......अपीलाथ" / Appellant बनाम / V/S. The Assistant Commissioner Of Income Tax, Circle-2(1), Raipur (C.G.) ……""यथ" / Respondent आयकर अपील सं./Ita No.138/Rpr/2025 "नधा"रण वष" /Assessment Year: 2012-13 Mahendra Kumar Gupta 404, Suraj Villa, 9/2, New Palasia, Indore (M.P)-452 001 Pan: Adcpg7886K .......अपीलाथ" / Appellant बनाम / V/S. The Assistant Commissioner Of Income Tax, Circle-2(1), Raipur (C.G.) ……""यथ" / Respondent : Mrs. Shelly Maheshwari, Ca Shri Ashish Goyal, Advocate Revenue By : Dr. Priyanka Patel, Sr. Dr

For Respondent: Mrs. Shelly Maheshwari, CA
Section 5

…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…