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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)

Arvind G. Valvi, Income Tax Officer, Ward-2(1)(3), Surat vs. Sweety Gems Private Limited, Surat

ITA 975/SRT/2024[2014-15]Status: DisposedITAT Surat13 May 2025AY 2014-15

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.975/Srt/2024 Assessment Year: (2014-15) (Physical Hearing) The Ito, Vs. Sweety Gems Pvt. Ltd., Ward -2(1)(3), 101, Nishit Diamond Complex, Gujjar Surat Falia, Haripura, Surat - 395003 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aancs4270N (Appellant) (Respondent) Cross Objection No.29/Srt/2024 (Arising In Ita No.975/Srt/2024) Assessment Year: (2014-15) Sweety Gems Pvt. Ltd., Vs. The Ito, 101, Nishit Diamond Complex, Gujjar Ward -2(1)(3), Falia, Haripura, Surat - 395003 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aancs4270N (Appellant) (Respondent)

Section 148Section 148ASection 153ASection 250Section 69A

Rs.10,94,05,000/- u/s 69A of the Act to the total income. 4. Aggrieved by the order of AO, the assessee filed appeal before CIT(A). During appellate proceedings, appellant submitted books of account, ledger account showing trading of diamonds with M/s Sheetal Export, invoices, audit reports and assessment ... Sheetal Export are only sham transactions to accommodate funds in the name of running business activities of cut and polished diamond. On appeal, the CIT(A) deleted the addition because both the appellant and M/s Sheetal Exports had undergone search action u/s 132 of the Act and were assessed

Sunil Dhanraj Shivnani, Pune vs. ITO Circle2, Pune

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

ITA 584/PUN/2025[2013-14]Status: DisposedITAT Pune13 May 2025AY 2013-14

Bench: Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.584/Pun/2025 िनधा"रण वष" / Assessment Year: 2013-14 Sunil Dhanraj Shivnani, V The Dy. Commissioner Of Shop No.1/2, Ishana 4, S. Income, Circle-3, Pune. Paud Road,, Opp. Lohia- Jain It Park, Kothrud, Pune- 411038. Pan: Aceps2462C Appellant/ Revenue Respondent / Assessee Assessee By None Revenue By Shri Vinod Pawar – Addl. Cit(Dr) Date Of Hearing 06/05/2025 Date Of Pronouncement 13/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commssioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Act, Dated 10.01.2025 For The A.Y.2013-14. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Basis Of Facts & In The Circumstances Of The Case & As Per Law, The Commissioner Of Income Tax, (A) – Nfac Delhi, Is Not Justified In Dismissing The Appeal Solely On The Ground Of Non- Availability Appeal Memorandum With Statement Of Facts & Grounds Of Appeal.

Section 250

Portal. The appeal before NFAC - CIT(A) was the first appeal and NOT arising from set aside order of ITAT/HC/SC. The appeal before CIT(A) be restored by setting aside his order dt 10/01/2025. 2. On the basis of facts and in the circumstances of the case, the assessee