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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)

Eagle Fashions Private Limited, Surat vs. DCIT Circle 1(1)(1), Surat

The appeal of the assessee is treated as allowed for statistical purposes

ITA 1252/SRT/2024[2011-12]Status: DisposedITAT Surat12 Sept 2025AY 2011-12

Bench: Shri Sanjay Garg & Shri Bijayananda Prusethआयकर अपील सं /Ita No.1252/Srt/2024 िनधा"रण वष" /Assessment Year : 2011-12 Eagle Fashions Private The Deputy Director Of Income Limited, 201, 2Nd Floor बनाम/ Tax, Cpc, Bengaluru Orleaans Building Current Jurisdiction: V/S. Near City Centre Deputy Cit Sosyo Circle, Magdalla Circle-1(1)(1), Surat Bharthana B.O., Surat "थायी लेखा सं./Pan: Aaace 5107 F (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Rasesh Shah, Ca Revenue By : Shri Ajay Uke, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 19/06/2025 घोषणा की तारीख /Date Of Pronouncement: 12/09/2025 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Office Of The Commissioner Of Income Tax, Appeal, Addl/Jcit (A), Prayagraj [Hereinafter Referred To As ‘Ld.Cit(A)’] Dated 30/09/2024 For Assessment Year (Ay) 2011-12. The Assessee Is Aggrieved By The Action Of The Ld.Cit(A) In Dismissing The Appeal Of The Assessee Holding The Same As Time- Barred. Eagle Fashions Private Limited Vs. Dcit Asst. Year : 2011-12

For Appellant: Shri Rasesh Shah, CAFor Respondent: Shri Ajay Uke, Sr.DR
Section 143(1)Section 154Section 250

Revenue by holding that there was no mistake as ITR was processed based on information provided by assessee. Assessee preferred appeal before CIT(A) on 11.08.2020 against rectification order dated 23:07:2020 which was in time. The Ld. CIT(A), however, vide order dated 19.02.2023 rejected assessee's appeal