← All Phrases

“appeal before the tribunal”

AppealsSection 253Section 25316,033 judgments

The decision most relied on for appeal before the tribunal is CIT v. Multiplan India Ltd. (38 ITD 320), cited in 2,267 judgments on BharatTax.

Leading authorities on appeal before the tribunal

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.

Estate of Late Tukojirao Holkar v. CWT
223 ITR 480 · 1997 · High Court
2,040
citing judgments

A court or tribunal is not bound to answer a reference or adjudicate an appeal on its merits if the party at whose instance the proceeding is made fails to appear at the hearing or take necessary steps for its proper conduct.

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.

National Thermal Power Co. Ltd. v. CIT
389 ITR 326 · 2016 · High Court
241
citing judgments

An appellate authority can admit and adjudicate additional grounds of appeal if they are legal in nature or go to the root of the matter, even if not raised before lower authorities or filed belatedly.

Commissioner of Income Tax Madras v. Chenniyappa Mudiliar
1 SCC 591 · 1985 · Reported
225
citing judgments

The appellate tribunal must render a proper decision on both facts and law, disposing of an appeal on its merits rather than dismissing it solely due to the appellant's absence. This obligation is derived from Section 33(4) of the Income Tax Act, 1922, and reflects principles of natural justice.

Otters Club v. DIT
392 ITR 244 · 2017 · High Court
202
citing judgments

The Bombay High Court did not approve an order being passed by the Tribunal beyond a period of 90 days.

CIT v. Bharat General Reinsurance Co Ltd.
81 ITR 303 · 1971 · High Court
202
citing judgments

Income received by an assessee for services rendered to an Indian company may not be taxable, particularly when the Revenue does not contest its non-taxability. This principle aligns with CBDT Circular No. 14 of 1955, which has been approved by the Supreme Court.

Shivsagar Veg Restaurant v. ACIT
317 ITR 433 · 2009 · High Court
202
citing judgments

Orders that are inordinately delayed are liable to be recalled and heard afresh, and the Appellate Tribunal President should frame guidelines for timely disposal of appeals.

Judgments citing appeal before the tribunal

Ishwar Prasad Jaiswal, Kolkata vs. I.T.O., Ward - 37(1), Kolkata

In the result, appeal of the assessee is dismissed

ITA 1790/KOL/2025[2018-2019]Status: DisposedITAT Kolkata21 Nov 2025AY 2018-2019

Bench: Shri Duvvuru Rl Reddyआयकर अपील सं/Ita No.1790/Kol/2025 ("नधा"रण वष" / Assessment Year : 2018-2019) Ishwar Prasad Jaiswal, Vs Ito Ward-37(1), Kolkata 123/2, A.P.C.Road, Manicktala Kolkata-700006 Pan No. :Acupj 2854 P (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Rip Das, Ca राज"व क" ओर से /Revenue By : Shri Mrinmay Basak, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 13/10/2025 घोषणा क" तार"ख/Date Of Pronouncement : 21/11/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 09.06.2025 Passed For Assessment Year 2018-2019. 2. The Only Ground Raised By The Assessee Is With Regard To Addition Made By The Ao & Confirmed By The Ld.Cit(A) On Account Of Unexplained Source Of Transaction U/S.69C Of The Act. 3. Brief Facts Of The Case Are That The Assessee Is An Individual & Had Filed Return Of Income On 30.10.2018 For The A. Y. 2018-19 Declaring Total Income Of Rs. 2,49,390/-. The Ao Had Received Information That The Assessee Was One Of The Beneficiary Of Bogus Transactions Made In The Form Of Fictitious Purchases & Bogus Billing From The Parties Like Hiraani Suppliers Pvt. Ltd; Niraj Nathani To The Tune Of Rs.14,50,800/- During The F.Y.2017-18. The Assessee Was The Recipient Of Irregular Input Tax Credit Amounting To Rs.14,50,800/-During The Fy 2017-18 Relevant To The A.Y.

For Appellant: Shri Rip Das, CAFor Respondent: Shri Mrinmay Basak, Sr. DR
Section 147Section 148Section 69C

also upheld the view taken by the AO. Now, the assessee is in further appeal before the Tribunal. 5. Ld. AR submitted that the assessee mainly trading in metals scrap materials. The assessee had shown purchases to an extent of Rs.14,50,800/- from M/s. Hiraani Suppliers

Sri Hari Prasad Agarwal, Howrah vs. ITO, Ward 46(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 1617/KOL/2025[2015-2016]Status: DisposedITAT Kolkata21 Nov 2025AY 2015-2016

Bench: Shri Duvvuru Rl Reddyआयकर अपील सं/Ita No.1617/Kol/2025 ("नधा"रण वष" / Assessment Year : 2015-2016) Sri Hari Prasad Agarwal, Vs Ito Ward-46(1), Kolkata Salarpuria Jajodia @ Co.7, Chittaranjan Avenue, Kolkata West Bengal-700072 Pan No. :Adapa 9125 B (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri S. Jhajharia, Fca राज"व क" ओर से /Revenue By : Shri Sima Das Biswas, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 16/10/2025 घोषणा क" तार"ख/Date Of Pronouncement : 21/11/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 20.05.2025 Passed For Assessment Year 2015-2016. 2. The Only Ground Argued By The Ld.Ar Of The Assessee With Regard To Confirmation Of Addition By The Ld. Cit(A) Which Was Made By The Ao U/S.68 Of The Act On Account Of Sale Proceeds Received By The Assessee On Sale Of Shares. 3. Facts In Brief Are That The Assessee Filed His Return Of Income For The Ay 2015-16 Declaring Total Income Of Rs 4,29,970. The Assessee In Pursuance To Notice U/S.143(2) & 142(1) Of The Act Along With Questionnaire Submitted Required Details & Documents As Sought By The Assessing Officer (Ao). During The Fy 2014-15 The Assessee Sold Quoted

For Appellant: Shri S. Jhajharia, FCAFor Respondent: Shri Sima Das Biswas, Sr. DR
Section 10(38)Section 143(2)Section 68

also dismissed the appeal of the assessee thereby upholding the view taken by the AO. 5. Now, the assessee is in further appeal before the Tribunal. 6. Ld. AR submitted that in course of assessment the AO had disbelieved the assessee’s claim for the deduction claimed u/s.10

Sri Dilip Kumar Ghosh, Kolkata vs. DCIT, Central Circle 4(3), Kolkata

In the result, appeal of the assessee is allowed

ITA 1361/KOL/2025[2021-2022]Status: DisposedITAT Kolkata21 Nov 2025AY 2021-2022

Bench: Shri Duvvuru Rl Reddyआयकर अपील सं/Ita No.1361/Kol/2025 ("नधा"रण वष" / Assessment Year : 2021-2022) Sri Dilip Kumar Ghosh, Vs Dcit, Central Circle-4(3), Kolkata C/O M/S Salarpuria Jajodia & Co 7, Cr.Avenue, 3Rd Floor, Kolkata West Bengal-700072 Pan No. :Adrpg 5357 Q (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Sujay Sen, Advocate राज"व क" ओर से /Revenue By : Shri Mrinmay Basak, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 14/10/2025 घोषणा क" तार"ख/Date Of Pronouncement : 21/11/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Cit(A), Kolkata-27, Dated 05.03.2025 Passed For Assessment Year 2021-2022. 2. The Appeal Of The Assessee Is Delayed By 24 Days. Though The Assessee Has Not Filed Any Condonation Application Nor Any Affidavit, However, Looking To The Facts Of The Case & The Issue Involved Therein, I Am Of The View That The Delay In Filing The Appeal Deserves To Be Condoned, Which Has Also Not Been Objected By The Ld. Sr. Dr. Accordingly, The Delay Is Condoned & The Appeal Is Admitted For Hearing. 3. The Sole Issue Involved In The Appeal Of The Assessee Is With Regard To Addition Made By The Ao & Confirmed By The Ld. Cit(A) On Account Of Alleged Undisclosed Jewellery. 4. Facts In Brief Are That Are That The Assessee Had Filed Original Return Of Income U/S 139 Of The Income Tax Act, 1961 For The Relevant

For Appellant: Shri Sujay Sen, AdvocateFor Respondent: Shri Mrinmay Basak, Sr. DR
Section 132Section 139Section 142Section 143(1)Section 143(2)Section 143(3)Section 69B

appeal before the ld. CIT(A), who has also confirmed the addition made by the AO. 6. Now, the assessee is in further appeal before the Tribunal. 7. Ld. AR submitted that there was a search in the premises of the assessee on 25.09.2020 in the course of search jewellery

Sriyans Enterprises Limited, Kolkata vs. I.T.O., Ward - 5(1), Kolkata

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

ITA 1298/KOL/2025[2016-2017]Status: DisposedITAT Kolkata21 Nov 2025AY 2016-2017

Bench: Shri Duvvuru Rl Reddyआयकर अपील सं/Ita No.1298/Kol/2025 ("नधा"रण वष" / Assessment Year : 2016-2017) Sriyans Enterprises Limited, Vs Ito Ward-5(1), Kolkata 22, Brb Basu Road, 1St Floor, Room No.14, Kolkata-700001 Pan No. :Aaics 4667 E (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Anil Kumar Dugar, Ar राज"व क" ओर से /Revenue By : Shri Sima Das Biswas, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 16/10/2025 घोषणा क" तार"ख/Date Of Pronouncement : 21/11/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 13.11.2024 Passed For Assessment Year 2016-2017. 2. The Appeal Of The Assessee Is Filed Belated By 136 Days. In This Regard, The Assessee Has Filed Application For Condonation Of Delay Supported With An Affidavit Stating Sufficient Reasons For Delay. The Contents Of The Application Are As Under :- Before The Hon'Ble Income Tax Appellate Tribunal, Kolkata Bench Ref: Appeal Petition Filed On: In The Matter Of : - An Application For Condonation Of The Delay In Filing The Memorandum Of Appeal Against The Appellate Order Dated 13-11- 2024 Pertaining To Assessment Year 2016-2017; & In The Matter Of The :- A Memorandum Of Appeal Filed Under The Income Tax Act, 1961; & In The Matter Of: -

For Appellant: Shri Anil Kumar Dugar, ARFor Respondent: Shri Sima Das Biswas, Sr. DR

found that the delay is owing to the circumstances beyond the control of 4 the assessee for which the assessee could not file appeal before the Tribunal within the time. Accordingly, I condone the delay of 136 days in filing of the appeal and the appeal of the assessee ... before the ld.CIT(A), however, the ld. CIT(A) dismissed the appeal of the assessee. 5 6. Now, the assessee is in further appeal before the Tribunal with the following grounds of appeal :- 1. For that, the Ld. Appellate Authority dismissed the appeal without discussing the points of determination, decision