← All Phrases

“appeal before CIT(A)”

AppealsSection 246ASection 246A1,827 judgments

The decision most relied on for appeal before CIT(A) is CIT v. Multiplan India Ltd. (38 ITD 320), cited in 2,267 judgments on BharatTax.

Leading authorities on appeal before CIT(A)

CIT v. Multiplan India Ltd.
38 ITD 320 · 1991 · ITAT
2,267
citing judgments

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.

CIT v. B.N. Bhattacharya & Another
118 ITR 461 · 1997 · Supreme Court
1,656
citing judgments

Appealing a tax assessment requires more than just filing the appeal; it involves actively pursuing it. The assessee must effectively engage with the appellate process.

Jute Corporation of India Ltd. v. CIT
187 ITR 688 · 1991 · Supreme Court
1,372
citing judgments

The Commissioner of Income Tax (Appeals) possesses co-terminus powers with the Assessing Officer and can direct the Assessing Officer to perform actions he failed to do, but cannot introduce a new source of income in the assessment. The appellate assessment must be confined to the items of income that were the subject matter of the original assessment.

CIT v. Pruthvi Brokers & Shareholders
349 ITR 336 · 2012 · High Court
956
citing judgments

Appellate authorities can entertain fresh claims or revised computations of income made by an assessee, even if these were not submitted through a revised return of income.

CIT v. Premkumar Arjundas Luthra (HUF)
297 CTR 614 · 2017 · High Court
659
citing judgments

The Commissioner of Income-tax (Appeals) cannot dismiss an appeal for non-prosecution or default in appearance. Under Section 250(6) of the Income-tax Act, the CIT(A) must decide the appeal on its merits, even in an ex parte proceeding.

Ahmedabad Electricity Co. Ltd. v. CIT
199 ITR 351 · 1993 · High Court
441
citing judgments

Appellate authorities can consider additional grounds for deduction, even if not originally claimed before the Assessing Officer or Appellate Assistant Commissioner, provided the facts are not disputed and it pertains to a legal claim for correct tax liability. This is because the purpose of an appeal is to ascertain the correct tax liability.

CIT v. Kanpur Coal Syndicate
53 ITR 225 · 1964 · Supreme Court
359
citing judgments

The Commissioner (Appeals) holds plenary powers when disposing of an appeal, with their scope being coterminous with the Assessing Officer. This allows the CIT(A) to exercise all powers of the AO, including admitting additional evidence and redetermining income.

New Diwan Oil Mills v. CIT
296 ITR 495 · 2008 · High Court
351
citing judgments

The High Court can return a reference unanswered if the assessee fails to appear or provide assistance. This illustrates the broader principle that appellate authorities have inherent power to dismiss appeals for non-prosecution when a party does not effectively pursue their case.

Judgments citing appeal before CIT(A)

Shahbaz Mohammed Shafeeque, Malegaon vs. Income Tax Officer, Ward - 1, Malegaon

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

ITA 2291/PUN/2025[2015 - 16]Status: DisposedITAT Pune20 Nov 2025

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.2291/Pun/2025 निर्धारण वषा / Assessment Year: 2015-16 Shahbaz Mohammed V The Income Tax Officer, Shafeeque, S. Ward-1, Malegaon. House No.904, Lane No.2, Malegaon City S.O., Malegaon, Nashik, Malegaon – 423203. Maharashtra. Pan: Cfppm6844A Appellant/ Assessee Respondent / Revenue Assessee By Shri Sanket Joshi (Virtual) Revenue By Smt Saumya Pandey Jain-Addl.Cit Date Of Hearing 20/11/2025 Date Of Pronouncement 20/11/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: In This Case, Appeal Has Been Filed By The Assessee Against The Order Of Ld.Commisioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2015-16 Dated 28.02.2025. The Assessee Has Raised The Following Grounds Of Appeal :

Section 144Section 147Section 148Section 250

initiated recovery proceedings and thereafter, the appeal came to be filed on 26.10.2023 and hence, the delay of 126 days in filing appeal before CIT(A) ought to have been condoned in the interest of justice. 3] The assessee that the additions made by the A.O. in the ex-parte ... which arise for consideration with reasons in support. Section 251(1)(a) and (b) of the Act provide 5 that while disposing of appeal the CIT(A) would have the power to ITA No.2291/PUN/2025 [A] confirm, reduce, enhance or annul an assessment and/or penalty. Besides Explanation to sub-section

Chimanbhai Bhikhabhai Patel, Surat vs. ITO, Ward 1(3)(6), Surat

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

ITA 1044/SRT/2024[2014-15]Status: DisposedITAT Surat17 Nov 2025AY 2014-15

Bench: Ms. Suchitra Raghunath Kamble & Shri Bijayananda Prusethआयकर अपील सं./Ita No.1044/Srt/2024 Assessment Year: 2014-15 (Hybrid Hearing) Chimanbhai Bhikhabhai Patel Income Tax Officer , Ward-1(3)(6), बनाम/ S. No.3/2, Koliwad, Adajan Income-Tax Office, Anavil Business Vs. Gam, Adajan, Surat-395 009 Centre, Adajan Hazira Road, Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Afypp 4446 E (अपीलाथ"/Appellant) (""थ"/Respondent) "नधा"रती क" ओर से/Appellant By Shri Sapnesh R Sheth, Advocate राज"व क" ओर से /Respondent By Ms. Namita Patel, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing 28/08/2025 उ"घोषणा क" तार"ख/Date Of Pronouncement 17/11/2025

Section 144Section 148Section 250Section 69

before the Ld. CIT(A). In appellate proceedings, in Form- 35, it was mentioned that there was delay of 364 days in filing appeal. The CIT(A) relied on various decisions mentioned in para-5.7 to 5.10 of the appellate order and dismissed the appeal in limine. 7. Further aggrieved ... opportunity of being heard to contest his case. Considering the totality of the facts discussed above, we condone the delay in filing of appeal before CIT(A) and restore the matter back to his file for fresh adjudication on merit subject ITA No.1044/Srt/2024 A.Y 14-15 Chimanbhai B. Patel