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“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)

Shree Shildha Vibhag Jungle Kamdar Sahakari Mandli Ltd, Valsad vs. Income Tax Officer, Ward 4, Valsad

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

ITA 461/SRT/2025[2012-13]Status: HeardITAT Surat26 Sept 2025AY 2012-13

Bench: Shri Sanjay Garg & Shri Bijayananda Prusethआयकर अपील सं./Ita No.461/Srt/2025 Assessment Year: 2012-13 (Hybrid Hearing) Shree Shildha Vibhag Jungle Income Tax Officer बनाम/ Kamdar Sahakari Mandli Ward-4, Valsad Vs. At & Post Nana Pondha, Kaprada Road, Valsad-396 065 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aaaas 6185 R (अपीलाथ"/Appellant) (""थ"/Respondent) "नधा"रतीक"ओरसे/Appellant By Shri Rasesh Shah, Ca राज"वक"ओरसे /Respondent By Shri Abhishek Gautam, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing 23/09/2025 उ"घोषणा क" तार"ख/Date Of Pronouncement 26/09/2025

Section 144Section 250

filed an affidavit for condonation of delay in filing of appeal before this Tribunal. The assessee submitted that during the filing of appeal before CIT(A), his consultant had clearly mentioned the email ID of his counsel (i.e., camitish@gmail.com) in the Form No. 35 and that he specifically opted ... determining total income of the assessee at Rs.96,27,970/-. 7. Aggrieved by the addition made by AO, assessee preferred appeal before CIT(A). In appellate proceedings, the CIT(A) issued several notices of hearing. The assessee did not file any written submission in response to the above notices. Thereafter

Income Tax Officer, Surat vs. Saffron Green International Private Limited, Surat

In the result, appeal of revenue is partly allowed

ITA 958/SRT/2024[2018-19]Status: DisposedITAT Surat26 Sept 2025AY 2018-19

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Prusethआयकर अपील सं./Ita No.958/Srt/2024 Assessment Year: 2018-19 (Hybrid Hearing) Income Tax Officer, Ward- Saffron Green International Pvt. बनाम/ 2(1)(3), Surat, Room No.221, Ltd. Shop No.3008, Shree Mahavir Vs. 2Nd Floor, Aaykar Bhavan, Textiles Puna Kumbhariya Road, Majura Gate, Surat-395 001 Surat-395 010 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aawcs 3137 M (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Deven K. Kapadia, Ca राज" की ओर से /Respondent By Shri Aashish Pophare, Cit-Dr सुनवाई की तारीख/Date Of Hearing 10/07/2025 उद्घोषणा की तारीख/Date Of Pronouncement 26/09/2025 आदेश / O R D E R Per Bijayananda Pruseth, Am: This Appeal By The Revenue Emanates From The Order Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, 'The Act’) Dated 16.07.2024 By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [In Short, ‘The Cit(A)’] For The Assessment Year (Ay) 2018-19, Which In Turn Arises Out Of Assessment Order Passed By The Assessing Officer (In Short, ‘Ao’) U/S. 147 R.W.S 144 R.W.S 144B Of The Act On 21.03.2023. 2. Grounds Of Appeal Raised By The Revenue Are As Under: “I. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Restricting The Addition Made By The Assessing Officer Of Rs.5,70,70,621/- On Account Of 100% Bogus Purchase To 0.25% Of The Bogus Purchases & Allowing The Appeal Of The Assessee Ignoring The Facts That These Purchases Are Sham Transactions Fabricated Through Bogus Paper Concerns Of M/S. Savitri Trading Company & Mohammed Javed Mohammed Jabir Momin Which Were Engaged In Providing Accommodation Entries.

Section 147Section 250Section 250(2)

total income was determined at Rs.5,86,19,871/-. 5. Aggrieved by the assessment order passed by AO, assessee filed appeal before CIT(A). In the appellate proceedings, the assessee filed written submission and additional evidences. The same were forwarded to the AO and a remand report was called

Labhu Balubhai Ghevariya, Surat vs. ITO, Ward 3(2)(4), Surat

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

ITA 809/SRT/2024[2016-17]Status: DisposedITAT Surat26 Sept 2025AY 2016-17

Bench: Shridinesh Mohan Sinha& Shri Bijayananda Prusethआयकरअपीलसं./Ita No.809/Srt/2024 Assessment Year: 2016-17 (Hybrid Hearing) Labhu Balubhai Ghevariya Income Tax Officer बनाम/ 3, Ila Park Society Opp. Ward—3(2)(4), Surat Aayakar Vs. Katargam Police Station, Bhavan, Majura Gate, Surat-395 Katargam, Surat-395004 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Akdpp0165A (अपीलाथ"/Appellant) (""थ"/Respondent) "नधा"रतीक"ओरसे/Appellant By Shri P.M. Jagasheth, Ca राज"वक"ओरसे /Respondent By Shriajay Uke, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing 28/07/2025 उ"घोषणा क" तार"ख/Date Of Pronouncement 26/09/2025

Section 142(1)Section 143(2)Section 143(3)Section 250Section 271(1)(c)Section 54BSection 69

unexplained investment, thereby assessing total income of the assessee at Rs.99,64,865/-. 3. Aggrieved by the addition made by AO, assessee preferred appeal before CIT(A). In appellate proceedings, the CIT(A) issued several notices of hearing. The assessee did not file any written submission nor evidence nor sought ... statement, etc. Apart from this, Ld. AR also filed an affidavit of the assessee wherein it is stated that during the filing of appeal before CIT(A), they had clearly mentioned email Id : ca.mihirthakkar@gmail.com for communication of hearing notices in Form 35, however, all the hearing notices u/s.250

Basantilal Tarba, Rajasthan vs. Income Tax Officer, WD-3(1)(2), Surat

In the result, the ground of appeal raised in this appeal is allowed for statistical purposes

ITA 512/SRT/2024[2010-11]Status: DisposedITAT Surat26 Sept 2025AY 2010-11

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.512/Srt/2024 Assessment Year: (2010-11) (Hybrid Hearing) Bansntilal Tarba Income Tax Officer, Ward-3(1)(2), बनाम/ 429/1023, Sundarnagar, Surat, Aaykar Bhavan, Majura Gate, Vs. Ahimsa Circle, Bhilwara, Surat-395 001 Rajasthan- 311 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Afipt 1037 P (Appellant) (Respondent) िनधा"रती की ओर से /Appellant By Shri Prakash Jhunjhunwala, Ca राज" की ओर से/Respondent By Shri Ravinder Sindhu, Cit-Dr सुनवाई की तारीख /Date Of Hearing 23/07/2025 उद्घोषणा की तारीख /Date Of Pronouncement 26/09/2025

Section 144Section 250Section 271(1)(c)Section 274

initiated penalty proceedings u/s 271(1)(c) of the Act. Aggrieved by the addition made by AO in his assessment order, assessee preferred appeal before CIT(A) on 06.11.2019, which was late by 693 days. The CIT(A) did not condone the delay and dismissed the appeal. Subsequently ... minimum penalty of Rs.24,05,63,853/- vide order u/s 271(1)(c) dated 30.05.2018. Aggrieved by the order of AO assessee filed appeal before CIT(A) which was late by 495 days. The CIT(A) issued various notices which is mentioned at para-5 of the appellate order

Shreyansh Anilkumar Shah, Na vs. Arivs.Income Tax Officer, Ward - 5, Navsari

In the result, the appeal of the assessee is partly allowed

ITA 727/SRT/2023[2010-11]Status: DisposedITAT Surat26 Sept 2025AY 2010-11

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.727/Srt/2023 Assessment Year: 2010-11 (Hybrid Hearing) Shreyansh Anilkumar Shah Income Tax Officer, Ward-5, बनाम/ 504, Rushabh Residency, Navsari, Income T Ax Office, Vs. Maneklal Road, Near Charpool, Awabaug, Navsari-396 Telephone Exchange, Navsari- 445 396 445 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aiqps 6441 P (अपीलाथ"/Appellant) (""थ" /Respondent) "नधा"रती क" ओर से /Appellant By Shri Rasesh Shah, Ca राज"व क" ओर से /Respondent By Shri Ajay Uke, Sr-Dr सुनवाई क" तार"ख/Date Of Hearing 22/07/2025 उ"घोषणा क" तार"ख/Date Of Pronouncement 26/09/2025 आदेश / O R D E R Per Bijayananda Pruseth, Am: This Appeal By The Assessee Emanates From The Order Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, 'The Act’) Dated 26.07.2023 By The National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax Appeal [In Short, The ‘Cit(A)’] For The Assessment Year (Ay) 2010-11, Which In Turn Arises Out Of Assessment Order Passed By The Assessing Officer (In Short, ‘Ao’) U/S 143(3) R.W.S. 147 Of The Act On 27.10.2017. 2. Grounds Of Appeal Raised By The Assessee For The Appeal Are As Under: “1. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Ld. Ao Has Erred In Reopening Assessment U/S.147 By Issuing Notice U/S.148 Of The It Act, 1961. 2. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Ld. Cit(A) Has Erred In Confirming The Action Of Ao In Making Addition Of Rs.32,53,637/- U/S 68 Of The Act On Account Of Alleged Unexplained Cash Credits.

Section 133(6)Section 143(2)Section 143(3)Section 147Section 148Section 226(3)Section 250Section 68

Rs.34,04,657/- after making aforementioned additions to his returned income. 5. Aggrieved by the addition made in assessment order, assessee preferred appeal before CIT(A). The CIT(A) observed that the assessee was given ample opportunity to substantiate the source of cash deposits and credit entries in his various