← 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

Late Chimanlal Jerambhai Bhagat Legal Heir Minaxi Rakeshbhai Kahar, Surat vs. ITO, Ward-1, Vapi

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

ITA 45/SRT/2025[2012-13]Status: DisposedITAT Surat17 Nov 2025AY 2012-13

Bench: Ms. Suchitra Raghunath Kamble & Shri Bijayananda Prusethआयकर अपील सं./Ita No.45/Srt/2025 Assessment Year: 2012-13 (Hybrid Hearing) Lt.Chimanlal Jerambhai Bhagat Income Tax Officer, Ward-1, बनाम/ Legal Heir Minaxi Rakeshbhai Vapi -396 191 Vs. Kahar, Flat No.104, Lake Castle, Pal, Nr. Jainam, Surat-395 009 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aclpb 6752 H (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Mukesh Mandowara, Ar राज" की ओर से /Respondent By Shri Ajay Uke, Sr-Dr सुनवाई की तारीख/Date Of Hearing 21/08/2025 उद्घोषणा की तारीख/Date Of Pronouncement 17/11/2025

Section 119(2)(b)Section 143(3)Section 148Section 250Section 50CSection 54B

days. The son and legal heir of the deceased-assessee has filed an affidavit for condonation of delay in filing of appeal before this Tribunal. He submitted that the appellate order dated 28.02.2024 was sent e-mail id of his late father who had expired on 20.07.2021. The legal heir ... proceedings started and the personnel from Income-tax department visited their house, he came to know about the order and immediately file the appeal before the Tribunal. The Ld. AR of the assessee submitted that the delay was not intentional or deliberate but due to circumstances beyond the control

Chimanbhai Bhikhabhai Patel, Surat vs. ITO, Ward 1(3)(6), Surat

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

ITA 1044/SRT/2024[2014-15]Status: DisposedITAT Surat17 Nov 2025AY 2014-15

Bench: Ms. Suchitra Raghunath Kamble & Shri Bijayananda Prusethआयकर अपील सं./Ita No.1044/Srt/2024 Assessment Year: 2014-15 (Hybrid Hearing) Chimanbhai Bhikhabhai Patel Income Tax Officer , Ward-1(3)(6), बनाम/ S. No.3/2, Koliwad, Adajan Income-Tax Office, Anavil Business Vs. Gam, Adajan, Surat-395 009 Centre, Adajan Hazira Road, Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Afypp 4446 E (अपीलाथ"/Appellant) (""थ"/Respondent) "नधा"रती क" ओर से/Appellant By Shri Sapnesh R Sheth, Advocate राज"व क" ओर से /Respondent By Ms. Namita Patel, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing 28/08/2025 उ"घोषणा क" तार"ख/Date Of Pronouncement 17/11/2025

Section 144Section 148Section 250Section 69

appeal filed by the assessee is delayed by 606 days. The assessee has filed an affidavit for condonation of delay in filing of appeal before this Tribunal. The assessee submitted that CIT(A) passed order on 14.12.2022 but did not supply the physical copy of the order. He was unaware ... delay was no intentional and deliberate. The assessee was unaware of the appellate order due to which he was unable to file appeal before the Tribunal in time. Hence, there was reasonable and sufficient cause for delay in filing this appeal. We, therefore, condone the delay and admit the appeal

Ranjit Singh, Ropar vs. ITO, Ward-2(2), Ropar

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

ITA 807/CHANDI/2025[2013-14]Status: DisposedITAT Chandigarh17 Nov 2025AY 2013-14

Bench: Shri Laliet Kumarआयकर अपील सं./ Ita No. 807/Chd/2025 "नधा"रण वष" / Assessment Year : 2013-14 Ranjit Singh, The Ito, Kiri Afghana Behlolpur बना Warad 2 (2), Chamkaur Sahib, Rupnagar म Rupnagar 141121 Vs. "थायी लेखा सं./Pan No: Gmqps5933A अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Sh Parikshit Aggarwal, Ca राज"व क" ओर से/ Revenue By : Sh. Vinod Kumar Chaudhary, Jcit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 12-11-2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 17-11-2025 आदेश/Order This Appeal By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), Nfac, Dated 22.08.2024, For The Assessment Year 2013-14. 2. The Grounds Of Appeal Raised By The Assessee Are As Under: -

For Appellant: Sh Parikshit Aggarwal, CAFor Respondent: Sh. Vinod Kumar Chaudhary, JCIT
Section 144Section 148Section 250Section 69

disposal of the same. 3. The Registry has pointed out that there is a delay of 233 days in filing of the appeal before the Tribunal. The Counsel of the Assessee has filed an application along with an Affidavit on behalf of the Assessee, making a prayer for condonation