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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

M/S. Achyuta Planatations Pvt. Ltd., Begaluru vs. ACIT, Central Circle-1(2), Chennai

In the result, all the appeals filed by the assessees are allowed

ITA 1450/CHNY/2025[2018-19]Status: DisposedITAT Chennai15 Oct 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1449/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Paramjeet Orchardes Private Vs. The Assistant Commissioner Of Limited, No. 51, Park View Street, Near Income Tax, Gandhi Road, Alwarthirunagar, Central Circle 1(2), Chennai 600 087. Chennai. [Pan:Aafcp1203J] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1450/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Achyuta Plantations Private Vs. The Assistant Commissioner Of Limited, No. 425, 10Th Cross, 18Th Main, Income Tax, Jp Nagar, 2Nd Phase, Jp Nagar, Central Circle 1(2), Bangalore South, Bangalore 560 078. Chennai. [Pan: Aaica7250K] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1452/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Ajitabh Orchardes Private Limited, Vs. The Assistant Commissioner Of Old No. 61, New No. 125, Audiappan Income Tax, Naicken Street, Elephant Gate, Central Circle 1(2), Sowcarpet, Kalaignar Karunanidhi Chennai. Nagar, Chennai 600 079. [Pan: Aakca9419L] (अपीलाथ"/Appellant) (""थ"/Respondent)

assessee. On appeal, the ld. CIT(A) confirmed the addition. Aggrieved by the order of the ld. CIT(A), the assessee is in appeal before the Tribunal. 6 I.T.A. Nos.1449, 1450, 1452 to 1460/Chny/25 6. The ld. AR Shri Rakesh Joshi, CA submits that the search was conducted

M/S. Paramjeet Orchardes Pvt. Ltd., Tiruvallur vs. ACIT, Central Circle-1(2), Chennai

In the result, all the appeals filed by the assessees are allowed

ITA 1449/CHNY/2025[2018-19]Status: DisposedITAT Chennai15 Oct 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1449/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Paramjeet Orchardes Private Vs. The Assistant Commissioner Of Limited, No. 51, Park View Street, Near Income Tax, Gandhi Road, Alwarthirunagar, Central Circle 1(2), Chennai 600 087. Chennai. [Pan:Aafcp1203J] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1450/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Achyuta Plantations Private Vs. The Assistant Commissioner Of Limited, No. 425, 10Th Cross, 18Th Main, Income Tax, Jp Nagar, 2Nd Phase, Jp Nagar, Central Circle 1(2), Bangalore South, Bangalore 560 078. Chennai. [Pan: Aaica7250K] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1452/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Ajitabh Orchardes Private Limited, Vs. The Assistant Commissioner Of Old No. 61, New No. 125, Audiappan Income Tax, Naicken Street, Elephant Gate, Central Circle 1(2), Sowcarpet, Kalaignar Karunanidhi Chennai. Nagar, Chennai 600 079. [Pan: Aakca9419L] (अपीलाथ"/Appellant) (""थ"/Respondent)

assessee. On appeal, the ld. CIT(A) confirmed the addition. Aggrieved by the order of the ld. CIT(A), the assessee is in appeal before the Tribunal. 6 I.T.A. Nos.1449, 1450, 1452 to 1460/Chny/25 6. The ld. AR Shri Rakesh Joshi, CA submits that the search was conducted

Alfanar Energy Private Limited, Gurugram, Haryana, India vs. The Deputy Or Assistant Commissioner of Income Tax, Circle 1(1), Gurugram, Haryana, India

The appeal is allowed partly with consequences to follow as per the directions given to AO/TPO above

ITA 4439/DEL/2024[AY 2020-21]Status: DisposedITAT Delhi15 Oct 2025

Bench: Shri Anubhav Sharma & Shri Manish Agarwalassessment Year: 2020-21 Alfanar Energy Private Limited, Vs Dcit, 16Th Floor, Building No.5, Circle-1(1), Block-C, Dlf Cyber City, Gurugram. Phase Iii, Gurugram, Haryana – 122 002. Pan: Aapca2671M (Appellant) (Respondent) Assessee By : Shri Vishal Kalra, Advocate; Ms Reema Grewal, Ca; & Ms Snigdha Gautam, Advocate Revenue By : Shri S.K. Jadhav, Cit-Dr Date Of Hearing : 28.07.2025 Date Of Pronouncement : 15.10.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Final Assessment Order Dated 29.07.2024 Of The Dy. Commissioner Of Income-Tax, Circle 1(1), Gurugram (Hereinafter Referred As ‘The Ld. Ao’) For Assessment Year 2020-21 Passed U/S 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’). 2. The Assessee Is Part Of The Multinational Group, Arabian Trading Group Which Is Based Out Of Kingdom Of Saudi Arabia & Is Engaged In Generating, Developing, Accumulating, Distributing & Supplying Electricity By Setting Renewable Energy Power Plants. This Is The First Year Of The Assessment Of The Assessee. During The Year, The Assessee Has Undertaken The Following International Transactions:- International Transactions Transfer Pricing Method Total Value Of International Transactions (In Inr) Issue Of Compulsorily Other Method 2,44,77,26,400 Convertible Debentures (Ccds) Interest On Ccds Comparable Uncontrolled 46,52,90,098 Price (Cup) Method Issue Of Equity Shares Other Method 45,04,31,700

For Appellant: Shri Vishal Kalra, AdvocateFor Respondent: Shri S.K. Jadhav, CIT-DR
Section 143(3)

verify certain facts regarding the ALP determination of the interest on the debentures/CCDs and, accordingly, when 9 both the sides were in appeal before the Tribunal, the coordinate Bench observed in M/s City Corporation Limited (supra) that when the matter came up before the CIT(A), the assessee had contended

Dilip Kantilal Kubavat, Porbandar vs. ITO WD 2(3), Porbandar

In the result, appeal filed by the assessee is allowed

ITA 522/RJT/2025[2016-17]Status: DisposedITAT Rajkot14 Oct 2025AY 2016-17

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./ Ita No.522/Rjt/2025 "नधा"रण वष"/Assessment Year :2016-17 Dilip Kantilal Kubavat Ito बनाम/ Prop. Vijay Dairy Farm, Ward 2 (3), Vs Near Ramdhun S V P Road, Porbandar 360575 Porbandar - 360575 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Azfpk8009B (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Sagar Shah, Ld. Ar राज"व क" ओर से/Revenue By : Shri Dheeraj Kumr Gupta, Ld. Sr-Dr सुनवाई क" तार"ख /Date Of Hearing : 09/09/2025 घोषणा क" तार"ख /Date Of Pronouncement : 14 /10/2025 आदेश/Order Per, Dr. Arjun Lal Saini, A.M The Present Appeal Has Been Filed By The Assessee, Against The Order Passed By The Learned Commissioner Of Income Tax (Appeal) [Hereinafter Referred To As “Cit(A)”], Dated 21.03.2025, Arising In The Matter Of Assessment Order Passed U/S 143(3) Of The Income Tax Act, 1961 (Here-In-After Referred To As “The Act”) Relevant To The Assessment Year 2016-17. 2. In This Appeal, The Assessee Has Raised Multiple Grounds Of Appeal. However, The Solitary Grievance Of The Assessee Is That The Ld Cit(A) Erred In Not To Consider The Basic Fact That The Assessee Has Gifted The Property To His Sister In Law (Younger Brother'S Wife) That Is, To A Relative For A Consideration Dilip Kantilal Kubavat

For Appellant: Shri Sagar Shah, Ld. ARFor Respondent: Shri Dheeraj Kumr Gupta, Ld. Sr-DR
Section 143(1)Section 143(2)Section 143(3)Section 271(1)(c)Section 50C

condonation of delay before Ld.CIT(A) and urged for a benign view and sought condonation of delay of 80 days in filing the appeal before the Tribunal. A perusal of the reasons and sufficient cause explained by the ld. Counsel for the assessee, gives me an impression of existence ... just reiterated the facts narrated in the assessment order and confirmed the addition made by the assessing officer, therefore assessee is in appeal before this Tribunal. 10. Learned Counsel for the assessee, vehemently argued that the transaction under consideration is a gift by one family member to another family member