← 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)

Krishnasamy Maruthupandian, Virudhunagar vs. ITO, Corp Ward 4, Madurai

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

ITA 863/CHNY/2024[2013-14]Status: DisposedITAT Chennai24 Jun 2024AY 2013-14

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.: 863/Chny/2024 िनधा"रण वष"/Assessment Year: 2013-14 Shri Krishnasamy The Income Tax Officer, Maruthupandian, Vs. Corporate Ward-4, D No.2/6/1531 Asari Colony, Madurai. 4Th Street, Satchiyapuram, Sivakasi, Virudhunagar – 626 124. Pan: Agzpm 0804B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri G. Akash, Advocate ""यथ" क" ओर से/Respondent By : Shri Nilay Baran Som, Cit सुनवाई क" तारीख/Date Of Hearing : 24.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 24.06.2024 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi In Order No.Itba/Nfac/S/250/2023- 24/1058168632 (1) Dated 23.11.2023. The Assessment Was Framed By The Addl./Joint/Deputy/Asst. Commissioner Of Income Tax/Income Tax Officer, National Faceless Assessment Centre, Delhi For The Assessment Year 2013-14 U/S.147 R.W.S.144B Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 19.03.2022. 2. The Only Issue In This Appeal Of Assessee Is Against The Order Of Cit(A)-Nfac Confirming The Action Of Ao In Adding The Credits In The Bank Account Amounting To Rs.7,72,83,031/- As Unexplained Money U/S.69A Of The Act By Holding That The Assessee’S Appeal Is Dismissed As Un-Admitted & Infructuous For The Reason That The Assessee Has Not Paid An Amount Equal To The Amount Of Advance Tax In Term Of Section 249(4)(B) Of The Act.

For Appellant: Shri G. Akash, AdvocateFor Respondent: Shri Nilay Baran Som, CIT
Section 147Section 148Section 249(4)(b)Section 69A

order dated 19.03.2022 by adding the credits deposited in the assessee’s bank account amounting to Rs.7,72,83,031/-. Aggrieved, assessee preferred appeal before CIT(A). 4. The CIT(A) dismissed the appeal as unadmitted by giving the reason that the assessee has not paid an amount equal

Aa 294 Arulvadi Primary Agricultural Coop Credit Society Limited, Erode vs. The Income Tax Officer, Ward 2(1), Erode

In the result, the three appeals filed by the assessee in ITA

ITA 491/CHNY/2024[2016-17]Status: DisposedITAT Chennai24 Jun 2024AY 2016-17

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.: 489, 490 & 491/Chny/2024 िनधा"रण वष"/Assessment Year: 2016-17 Aa 294 Arulvadi Primary The Income Tax Officer, Agricultural Co-Op Credit Vs. Ward 2(1), Society Ltd., Erode. Arulvadi, Sathyamangalam, Erode – 638 461. Pan: Aacaa 1572C (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms.A.Vijayalakshmi, Ca ""यथ" क" ओर से/Respondent By : Shri Ar.V. Sreenivasan, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 24.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 24.06.2024 आदेश /O R D E R

For Appellant: Ms.A.Vijayalakshmi, CAFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 147Section 271(1)(b)Section 271(1)(c)Section 271A

ld.counsel for the assessee took us through the orders of CIT(A)-NFAC and stated that all these appeals before CIT(A) were filed with a delay of 276 days against the order of AO passed u/s.271A of the Act, delay of 234 days against the order of AO passed ... assessee before CIT(A)-NFAC contended that since the assessee does not have any proper accountant to take the responsibility to file the appeals before CIT(A) and unable to submit the details required in the appeal. It was contended that later the Member of Tamil Nadu Accounting and Taxation

Aa 294 Arulvadi Primary Agricultural Coop Credit Society Limited, Erode vs. Income Tax Officer, Ward 2(1), Erode

In the result, the three appeals filed by the assessee in ITA

ITA 490/CHNY/2024[2016-17]Status: DisposedITAT Chennai24 Jun 2024AY 2016-17

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.: 489, 490 & 491/Chny/2024 िनधा"रण वष"/Assessment Year: 2016-17 Aa 294 Arulvadi Primary The Income Tax Officer, Agricultural Co-Op Credit Vs. Ward 2(1), Society Ltd., Erode. Arulvadi, Sathyamangalam, Erode – 638 461. Pan: Aacaa 1572C (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms.A.Vijayalakshmi, Ca ""यथ" क" ओर से/Respondent By : Shri Ar.V. Sreenivasan, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 24.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 24.06.2024 आदेश /O R D E R

For Appellant: Ms.A.Vijayalakshmi, CAFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 147Section 271(1)(b)Section 271(1)(c)Section 271A

ld.counsel for the assessee took us through the orders of CIT(A)-NFAC and stated that all these appeals before CIT(A) were filed with a delay of 276 days against the order of AO passed u/s.271A of the Act, delay of 234 days against the order of AO passed ... assessee before CIT(A)-NFAC contended that since the assessee does not have any proper accountant to take the responsibility to file the appeals before CIT(A) and unable to submit the details required in the appeal. It was contended that later the Member of Tamil Nadu Accounting and Taxation

Aa 294 Arulvadi Primary Agricultural Coop Credit Society Limited, Erode vs. The Income Tax Officer, Ward 2(1), Erode

In the result, the three appeals filed by the assessee in ITA

ITA 489/CHNY/2024[2016-17]Status: DisposedITAT Chennai24 Jun 2024AY 2016-17

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.: 489, 490 & 491/Chny/2024 िनधा"रण वष"/Assessment Year: 2016-17 Aa 294 Arulvadi Primary The Income Tax Officer, Agricultural Co-Op Credit Vs. Ward 2(1), Society Ltd., Erode. Arulvadi, Sathyamangalam, Erode – 638 461. Pan: Aacaa 1572C (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms.A.Vijayalakshmi, Ca ""यथ" क" ओर से/Respondent By : Shri Ar.V. Sreenivasan, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 24.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 24.06.2024 आदेश /O R D E R

For Appellant: Ms.A.Vijayalakshmi, CAFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 147Section 271(1)(b)Section 271(1)(c)Section 271A

ld.counsel for the assessee took us through the orders of CIT(A)-NFAC and stated that all these appeals before CIT(A) were filed with a delay of 276 days against the order of AO passed u/s.271A of the Act, delay of 234 days against the order of AO passed ... assessee before CIT(A)-NFAC contended that since the assessee does not have any proper accountant to take the responsibility to file the appeals before CIT(A) and unable to submit the details required in the appeal. It was contended that later the Member of Tamil Nadu Accounting and Taxation