← 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)

Mohit Satsangi, Delhi vs. DCIT, Central Circle-16(1), Delhi

The appeal of the assessee is allowed for statistical purposes

ITA 1362/DEL/2025[2023-24]Status: DisposedITAT Delhi28 Aug 2025AY 2023-24

Bench: Shri Sudhir Kumar & Shri Manish Agarwalmohit Satsangi, Dcit, 24Th Floor, E-2 Block, Circle-16(1), Civic Centre, Jawaharlal Vs. Delhi. Nehru Marg, Delhi-110017. Pan-Awmps2265D (Appellant) (Respondent) Assessee By Shri Basant Kumar, Adv. & Ms. Sabhya Saachi Sharma, Ar Department By Shri Om Prakash, Sr. Dr Date Of Hearing 21/08/2025 Date Of Pronouncement 28/08/2025 O R D E R [ Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Addl./ Jt. Commissioner Of Income Tax (Appeals)-4, Mumbai [Cit(A) In Short], Dated 22.01.2025 In Appeal No. Addl./Jcit-(A) Mumbai- 10036/2022-23 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short) For Assessment Year 2023-24. 2. At The Outset, It Is Seen That The Appeal Of The Assessee Is Filed Delayed By 143 Days Before The Ld. Cit(A), For Which Delay Condonation Petition Was Also Filed, Wherein It Was Stated By The Mohit Satsangi Vs. Acit Assessee That He Had Filed Rectification Applications On Two Occasions Before The Ao For Rectification Of The Order, However, Both These Applications Were Dismissed, Therefore, The Assessee Had With No Other Alternate But To File The Appeal Before Cit(A) & In This Process The Same Was Got Delayed By 143 Days. The Ld. Cit(A) Did Not Find Any Force In The Reasons Given By The Assessee & Not Admitted The Appeal Of The Assessee By Not Condoning The Delay. 3. Before Us, Ld. Ar Of The Assessee Submits That The Delay Is Bonafide & There Was Reasonable Cause As Assessee Was Exploring The Alternate Remedy & Acted In Terms Of Legal Advice Therefore, The Appeal Was Got Delayed. He Also Placed Reliance On The Following Judgments: -Subhash Malik Vs. Cit 325 Itr 243 (All) -Sps Educational & Welfare Society Versus Dcit-Dpc [2022 (9) Tmi 87-

Section 250

rectification of the order, however, both these applications were dismissed, therefore, the assessee had with no other alternate but to file the appeal before CIT(A) and in this process the same was got delayed by 143 days. The Ld. CIT(A) did not find any force in the reasons

DCIT, CC-1(4), Ahmedabad vs. Goldmine Commodities Private Limited, Ahmedabad

In the result, the appeal filed by the Revenue is dismissed

ITA 1260/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad27 Aug 2025AY 2016-17

Bench: Ms Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1260/Ahd/2024 िनधा"रण वष" /Assessment Year : 2016-17 The Deputy Commissioner Goldmine Commodities Pvt. Ltd., Of Income Tax, बनाम/ Goldmine House, V/S. Central Circle-1(4), 4, Niranjan-Nirakar Society, Ahmedabad. Near Shreyas Railway Crossing, Ambawadi Ahmedabad-380007. (Gujarat) "थायी लेखा सं./Pan: Aaccg1295L अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Revenue By : Shri Rignesh Das, Cit-Dr Assessee By : Shri Kishor Goyal, Ar सुनवाई की तारीख/Date Of Hearing : 12/08/2025 घोषणा की तारीख /Date Of Pronouncement: 27/08/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: ] ] This Appeal By The Revenue Is Directed Against The Order Dated 25.04.2024 Of The Commissioner Of Income-Tax (Appeals) [Hereinafter Referred To As “The Cit(A)”] Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”] For Assessment Year 2016-17. The Acit, Circle-2(1)(1), Ahmedabad [Hereinafter Referred To As “Assessing Officer Or Ao”], Dcit Vs. Goldmine Commodities Pvt. Ltd. Assessment Year 2016-17

For Appellant: Shri Kishor Goyal, ARFor Respondent: Shri Rignesh Das, CIT-DR
Section 115JSection 143(3)Section 250Section 271(1)(c)Section 274Section 56(2)(viib)

read with section 274. The assessed income was computed at Rs. 9,85,22,820/-. 9. The assessee preferred an appeal before CIT(A). The CIT(A) noted that - the valuation report on DCF was signed and certified by Apaji Amin & Co. LLP, an independent chartered accountant

The Visnagar Nagrik Sahakari Bank Ltd., Mehsana vs. The ACIT, Circle-Gandhinagar (Previously DCIT, Patan Circle, Patan), Gandhinagar

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 738/AHD/2025[2013-14]Status: DisposedITAT Ahmedabad26 Aug 2025AY 2013-14

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.738, 1414 & 1415/Ahd/2025 िनधा"रण वष" /Assessment Years : (2013-14, 2014-15 & 2015-16) The Visnagar Nagarik Sahakari The Assistant Commissioner Bank Ltd.,(Under Liquidation) बनाम Of Income Tax, / Market Yard, Circle Gandhinagar. V/S. Visnagar, (Previously Dcit, Mehsana-384315, Patan Circle, Patan) "थायी लेखा सं./Pan: Aaaft8764C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A P Nanavaty, Ar Revenue By : Shri Rignesh Das, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 19/08/2025 घोषणा की तारीख /Date Of Pronouncement: 26/08/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: ] ] These Three Appeals By The Assessee Are Directed Against The Separate Orders Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “The Cit(A)”], All Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], Arising From The Assessments Framed By The Assistant / Deputy Commissioner Of Income-Tax, Circle, Patan [Hereinafter Referred To As “The Assessing Officer Or Ao”] Under Section 143(3) Of The Act.

For Appellant: Shri A P Nanavaty, ARFor Respondent: Shri Rignesh Das, CIT-DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 250Section 80PSection 80P(4)

also directed initiation of penalty proceedings under section 271(1)(c) for concealment of income. 8. For A.Y. 2013-14 the assessee preferred appeal before CIT(A). The appeal before CIT(A) was delayed by more than 6 months. The ITA Nos.738,1414 &1415/Ahd/2025 The Visnagar Nagrik Sahakari Bank