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“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

A-One Leathers, Chennai vs. Assistant Commissioner of Income Tax, Non Corporate Circle 4(1), Chennai

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

ITA 4148/CHNY/2025[2015-16]Status: DisposedITAT Chennai03 Mar 2026AY 2015-16

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 4148/Chny/2025 िनधा"रण वष"/Assessment Year: 2015-16 M/S. A-One Leathers, The Assistant Commissioner No.15/8, Vepery High Road, Vs. Of Income Tax, Periamet, Non-Corporate Circle 4(1), Chennai – 600 003. Chennai. Pan: Aaafa 4576H (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri S. Anandh, Advocate ""यथ" क" ओर से/Respondent By : Shri Aroon Praasad, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 26.02.2026 घोषणा क" तारीख/Date Of Pronouncement : 03.03.2026 आदेश/ O R D E R Per George George K: This Appeal Filed By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dated 14.10.2025 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2015-16. 2. The Grounds Raised Read As Follows:- :- 2 -:

For Appellant: Shri S. Anandh, AdvocateFor Respondent: Shri Aroon Praasad, Addl.CIT
Section 143(3)Section 147Section 148Section 250

dated 12.05.2022, the AO had passed rectification order on 22.11.2022) 9. Aggrieved by the FAA’s order dated 25.09.2024, the assessee firm filed appeal before the Tribunal. The grounds raised before the ITAT read as follows:- “1. To set aside the order u/s 250 dated 25/09/2024 passed by the National

Karthi Venkatachalam, Dindigul vs. DCIT, Non Corporate Circle-2, Madurai

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

ITA 2192/CHNY/2025[2020-21]Status: DisposedITAT Chennai03 Mar 2026AY 2020-21

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 2192/Chny/2025 िनधा"रण वष"/Assessment Year: 2020-21 Shri Karthi Venkatachalam, The Deputy Commissioner M2/27, 4Th Cross, R.M. Colony, Vs. Of Income Tax, Dindigul – 624 001 Non-Corporate Circle 2, Madurai Pan: Arppk 5742D (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri A.G. Sathyanarayana, Advocate ""यथ" क" ओर से/Respondent By : Shri A.T. Krishnamoorthy, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 03.03.2026 घोषणा क" तारीख/Date Of Pronouncement : 03.03.2026 आदेश/ O R D E R Per George George K: This Appeal Filed By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dated 06.06.2025 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2020-21. 2. Brief Facts Of The Case Are As Follows: The Assessee Is An Individual Engaged In The Business Of Servicing As An :- 2 -: Agent/Distributor To Itc Products, Running Restaurant As A Franchisee To Adayar Ananda Bhawan & Also Running A Petrol Bunk On Behalf Of Bpcl. For The Assessment Year 2020-21, Assessee Had Filed His Return Of Income On 13.02.2021 Declaring Total Income Of Rs.49,50,380/-. The Assessment Was Reopened By Issuing Notice U/S.148 Of The Act On 13.05.2024. Subsequently, The Ao Completed The Reassessment Vide Order Dated 04.03.2025. The Ao Made Addition Of Rs.3,22,511/- U/S.69A R.W.S.115Bbe Of The Act & Making Adhoc Disallowance Of 20% Expenditure Of Rs.6,96,350/- Since Same Was Not Verifiable (Disallowance Of Rs.1,39,271/-).

For Appellant: Shri A.G. SathyanarayanaFor Respondent: Shri A.T. Krishnamoorthy, Addl.CIT
Section 148Section 250Section 69A

Rs.2,22,511/- and confirmed the disallowance of expenditure of Rs.1,39,271/-. 4. Aggrieved, assessee has filed the present appeal before the Tribunal. The Ld.AR submitted that assessee had given only partial response to the show-cause notices issued during the course of assessment proceedings. Further, it was submitted