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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)

Amalsad Vibhag Vivish Karyakari Sahkari Khedut Mandli Ltd., Na vs. Arivs.PCIT, Valsad

ITA 491/SRT/2024[2018-19]Status: DisposedITAT Surat03 Feb 2025AY 2018-19

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.491/Srt/2024 Ays: 2018-19 (Physical Court Hearing) Amalsad Vibhag Vividh Principal Commissioner Of Karyakari Sahkari Khedut Income Tax, Valsad, 301/3Rd Vs. Mandli Ltd., At & Po. Floor, Palak Arcade, Shanti Amalsad, Tal. Gandevi, Nagar, Tithal Road, Valsad-396 Dist. Navsari-396 310 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aaaaa 1043 N (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By Shri P.M Jagasheth, Ca राज" की ओर से /Revenue By Shri Ravi Kant Gupta, Cit-Dr सुनवाई की तारीख/Date Of Hearing 17.12.2024 उद्घोषणा की तारीख/Date Of Pronouncement 03.02.2025

Section 143(3)Section 263Section 57Section 80P

order of AO was also prejudicial to the interests of revenue. 4.2 Regarding contention of assessee that impugned issue was subject matter of appeal before CIT(A), the Ld. PCIT at para-11 of the order u/s 263 stated that the issue under consideration was neither under consideration before CIT ... ITAT and not on decisions of Hon’ble jurisdictional High Court or Hon’ble Supreme Court. He submitted that assessee filed an appeal before CIT(A) against the impugned order of AO. The CIT(A) has subsequently decided the appeal in favour of the assessee. Similar issue was also decided

The DCIT, Circle-4(1) (1), Ahmedabad vs. M/S. Shah Foils Pvt. Ltd., Ahmedabad

Appeal is partly allowed and the Revenue’s appeal is dismissed

ITA 1922/AHD/2019[2011-12]Status: DisposedITAT Ahmedabad31 Jan 2025AY 2011-12

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokar1. आयकर अपील सं /Ita No.1852/Ahd/2019 2. आयकर अपील सं /Ita No.1922/Ahd/2019 िनधा"रण वष" /Assessment Year : 2011-12 1. M/S.Shah Foils Ltd. 1. The Ito, Ward-4(1)(3) बनाम/ 26, Block-B, Galaxy Ahmedabad-380 015 V/S. Signature, Science City Rd Sola, Ahmedabad-380 060 2. The Ito, 2. M/S.Shah Foils Ltd. Ward-4(1)(3) 26, Block-B, Galaxy Ahmedabad-380 015 Signature, Science City Rd Sola, Ahmedabad-380 060 "थायी लेखा सं./Pan: Aaics 0490 F (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri K.C. Thaker, Ar Revenue By : Shri A.P. Singh, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 28/01/2025 घोषणा की तारीख /Date Of Pronouncement: 31/01/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: These Cross-Appeals By The Assessee & The Revenue Are Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-8, Ahmedabad [Hereinafter Referred To As “Cit(A)”], Dated 23.10.2019, Arising Out Of The Assessment Order Dated 29.12.2017 Passed Under Section 143(3) Read

For Appellant: Shri K.C. Thaker, ARFor Respondent: Shri A.P. Singh, CIT-DR
Section 143(1)Section 143(3)Section 147Section 69A

under Section 69A of the Act, treating the alleged unaccounted cash receipts as undisclosed income. 3. The assessee filed an appeal before CIT(A) against the order of AO, who partly allowed the assessee’s appeal by deleting a substantial portion of the addition but confirmed an addition of Rs.45

Nam Group Aslali, Ahmedabad vs. AO, CPC, Bangalore-Present -the ITO, Ward-3(1)(1), Ahmedabad

ITA 1611/AHD/2024[2023-24]Status: DisposedITAT Ahmedabad28 Jan 2025AY 2023-24

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1610/Ahd/2024 & 1611/Ahd/2024 िनधा"रण वष" /Assessment Years : 2022-23 & 2023-24 Respectively Nam Group Aslali The Ao, Cpc बनाम/ 172/1, Premchand House Bangalore - V/S. Old High Court Way Present Ito Ashram Road Ward-3(1)(1) Ahmedabad Ahmedabad "थायी लेखा सं./Pan:Aaaan 0551 C (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri P.F. Jain, Ar Revenue By : Shri B.P. Srivastav, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 23/01/2025 घोषणा की तारीख /Date Of Pronouncement: 28/01/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: Both The Appeals, Filed By The Assessee Pertain To Assessment Years (Ays) 2022-23 & 2023-24 & Arise From The Orders Passed By The Office Of The Commissioner Of Income Tax, Appeal, Addl/Jcit-10 Mumbai [Hereinafter Referred To As “Cit(A)”] In Upholding The Levy Of Surcharge At The Maximum Marginal Rate Under Section 167B Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”]. The Levy Of Surcharge Was Determined Pursuant To Intimations Issued By The Cpc, Bengaluru Under Section 143(1) Of The Act. Since The Facts & Grounds Of Appeal For Both Years Are Identical

For Appellant: Shri P.F. Jain, ARFor Respondent: Shri B.P. Srivastav, Sr.DR
Section 143(1)Section 167BSection 167B(2)Section 26Section 67ASection 86

with indeterminate or unknown shares, leading to the application of the maximum marginal rate under Section 167B of the Act. The assessee filed appeal before CIT(A) against the orders u/s.143(1) of the Act and CIT(A) dismissed the appeals upholding the surcharge at maximum marginal rate. The summarized

Nam Group Aslali, Ahmedabad vs. AO, CPC, Bangalore- Present ITO. Ward-3(1)(1), Ahmedabad

ITA 1610/AHD/2024[2022-23]Status: DisposedITAT Ahmedabad28 Jan 2025AY 2022-23

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1610/Ahd/2024 & 1611/Ahd/2024 िनधा"रण वष" /Assessment Years : 2022-23 & 2023-24 Respectively Nam Group Aslali The Ao, Cpc बनाम/ 172/1, Premchand House Bangalore - V/S. Old High Court Way Present Ito Ashram Road Ward-3(1)(1) Ahmedabad Ahmedabad "थायी लेखा सं./Pan:Aaaan 0551 C (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri P.F. Jain, Ar Revenue By : Shri B.P. Srivastav, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 23/01/2025 घोषणा की तारीख /Date Of Pronouncement: 28/01/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: Both The Appeals, Filed By The Assessee Pertain To Assessment Years (Ays) 2022-23 & 2023-24 & Arise From The Orders Passed By The Office Of The Commissioner Of Income Tax, Appeal, Addl/Jcit-10 Mumbai [Hereinafter Referred To As “Cit(A)”] In Upholding The Levy Of Surcharge At The Maximum Marginal Rate Under Section 167B Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”]. The Levy Of Surcharge Was Determined Pursuant To Intimations Issued By The Cpc, Bengaluru Under Section 143(1) Of The Act. Since The Facts & Grounds Of Appeal For Both Years Are Identical

For Appellant: Shri P.F. Jain, ARFor Respondent: Shri B.P. Srivastav, Sr.DR
Section 143(1)Section 167BSection 167B(2)Section 26Section 67ASection 86

with indeterminate or unknown shares, leading to the application of the maximum marginal rate under Section 167B of the Act. The assessee filed appeal before CIT(A) against the orders u/s.143(1) of the Act and CIT(A) dismissed the appeals upholding the surcharge at maximum marginal rate. The summarized