← 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

ACIT (Cir.) - 6(1)(2), Mumbai vs. Bhandar Power Ltd., Mumbai

In the result, appeal of the Revenue is dismissed

ITA 1908/MUM/2018[2013-14]Status: DisposedITAT Mumbai13 Oct 2025AY 2013-14

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2013-14 Assistant Commissioner Of Bhandar Power Ltd. Income Tax, 14Th Floor, Essar House, Circle 6(1)(2), 11, K. K. Marg, Mahalaxmi, Vs. Mumbai Mumbai - 400034 (Pan: Aaacb6693B) (Appellant) (Respondent) Present For: Assessee : Shri Vijay Mehta, Fca & Shri Tarang Mehta, Advocate Revenue : Shri Satyaprakash R. Singh, Cit Dr Date Of Hearing : 29.07.2025 Date Of Pronouncement : 13.10.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Revenue Is Against The Order Of Ld. Cit(A), Delhi, Vide Order Dated 25.01.2018 Passed Against The Assessment Order By Ito 6(1)(4), Mumbai, U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 20.12.2016, For Assessment Year 2013-14. 2. Grounds Taken By The Revenue Are Reproduced As Under: 1. On The Facts & In The Circumstances Of The Case & In Law, The Cit(A) Is Not Justified In Deleting The Disallowance Of Deduction U/S 80Ia Of The Income Tax Act Of Rs. 203,13,43,740/-Without Considering The Fact That The Provisions Of Section 801A(10) Is Clearly Attracted In This Case Hence The Assessee Is Not Eligible For Claiming Deduction U/S 801A Of The Income Tax Act.

For Appellant: Shri Vijay Mehta, FCA and Shri Tarang Mehta, AdvocateFor Respondent: Shri Satyaprakash R. Singh, CIT DR
Section 143(3)Section 801ASection 801A(10)Section 80I

judicial precedents relied upon by the ld. Assessing Officer. 7. Aggrieved by the outcome of the first appellate order, Revenue is in appeal before the Tribunal contending that decision rendered by ld. CIT(A) in favour of the assessee is without going into the substance of the PPA and without

Gunjan Rungta, Kushinagar vs. Income Tax Officer, Ward - 2(4), Kushinagar

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

ITA 50/VNS/2022[2012-2013]Status: DisposedITAT Varanasi10 Oct 2025AY 2012-2013

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Gunjan Rungta V. The Income Tax Officer Onkar Vatika Colony Ward 2(4) Padrauna, Kushinagar (U.P) Kushinagar Tan/Pan:Agmpr5334G (Appellant) (Respondent) Appellant By: Shri Ashish Bansal, Advocate Respondent By: Smt Amandeep Kaur, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against Order Dated 15.06.2022, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2012-13. 2.0 The Brief Facts Of The Case Are That The Assessee Had Not Filed The Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That During The Year Under Consideration The Assessee Had Purchased An Immovable Property For A Consideration Of Rs.30,50,000/-. To Examine This Transaction, The Case Of The Assessee Was Reopened Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’) After Issuing Notice Under Section 148 Of The Act. However, There Was No Response From The Side Of The Assessee To The Notice Under Section 148 Of The Act. Thereafter, The

For Appellant: Shri Ashish Bansal, AdvocateFor Respondent: Smt Amandeep Kaur, D.R
Section 147Section 148Section 69

justice. 3.0 The Ld. Authorized Representative for the assessee (Ld. A.R.) submitted that there is a delay of 73 days in filing the appeal before the Tribunal. He further submitted that the assessee had filed an application dated Nil for condonation of delay, stating therein that during the relevant period ... therefore, due to complete disturbance in the family, the matter could not be communicated to the Counsel for filing the appeal before the Tribunal. The assessee has also filed Death Certificate dated 05.08.2022 issued by Department of Medical and Health, Nagar Palika Parishad Padrauna, certifying the death of Jagdamba Prasad

Narendar Aale, Hyderabad vs. ITO., Ward-11(5), Hyderabad

In the result, the appeal of the assessee is allowed

ITA 954/HYD/2025[2021-2022]Status: DisposedITAT Hyderabad10 Oct 2025AY 2021-2022

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.954/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2021-22) Shri Narendar Aale, Income Tax Officer, Vs. Ward 11(5), Hyderabad. Hyderabad. Pan: Amxpa3425A (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Villa Mouni Mani Kumar, Advocate. रधजस् व द्वधरध/Revenue By: Shri Kumar Aditya, Dr सुिवधई की तधरीख/Date Of Hearing: 07/10/2025 घोर्णध की तधरीख/Pronouncement: 10/10/2025 आदेश/Order Per Inturi Rama Rao : This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-11, Hyderabad Dated 07.03.2025 For Assessment Year (Ay) 2021-22. 2. Brief Facts Of The Case Are That The Assessee Is An Individual. The Return Of Income For The A.Y. 2021-22 Was Filed On 23.03.2022 Declaring Total Income Of Rs.5,00,830/-. The Assessing Officer Completed The Assessment Vide Order Dated 22.12.2022 Passed U/S.143(3) Of The Income Tax Act, 1961 (“The Act”)

For Appellant: Shri Villa Mouni Mani KumarFor Respondent: Shri Kumar Aditya, DR
Section 143(3)Section 250(6)

order, dismissed the appeal for non-prosecution in limine. 4. Being aggrieved by the order of Ld. CIT(A), the assessee is in appeal before the Tribunal. 5. I heard the rival contentions of both the parties and perused the material available on record. I find that the learned

Bharat Kumar Jain Premchand, Hyderabad vs. DCIT., Central Circle - 1(2), Hyderabad

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

ITA 741/HYD/2025[2022-23]Status: DisposedITAT Hyderabad10 Oct 2025AY 2022-23

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.741/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2022-23) Shri Bharat Kumar Jain Dy. Commissioner Of Income Vs. Premchand, Tax, Central Circle 1(2), Hyderabad. Hyderabad. Pan: Aqvpp1066C (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: None रधजस् व द्वधरध/Revenue By: Shri Kumar Aditya, Dr सुिवधई की तधरीख/Date Of Hearing: 07/10/2025 घोर्णध की तधरीख/Pronouncement: 10/10/2025 आदेश/Order Per Inturi Rama Rao : This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-11, Hyderabad [Cit(A)] Dated 21.02.2025 For Assessment Year (Ay) 2022-23. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income For The A.Y. 2022-23 On 30.07.2022 Declaring Income Of Rs.3,86,750/-. The Telangana State Police Seized Cash Of Rs.7,35,000/- From The Assessee After Following

For Appellant: NoneFor Respondent: Shri Kumar Aditya, DR
Section 250(6)

before the CIT(A), who vide the impugned order dismissed the appeal exparte for non prosecution. 4. Being aggrieved, the assessee is in appeal before the Tribunal in the present appeal. 5. None appeared on behalf of assessee. After hearing the Ld. DR, I find that the learned

Vummenthala Sagar Reddy, Hyderabad vs. ITO., Ward-2, Karimnagar

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

ITA 681/HYD/2025[2017-18]Status: DisposedITAT Hyderabad10 Oct 2025AY 2017-18

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.681/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2017-18) Shri Vummenthala Sagar Reddy, Income Tax Officer, Vs. Hyderabad. Ward-2, Pan: Asopv9337K Karimnagar. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri C. Maheshwar Reddy, C.A. रधजस् व द्वधरध/Revenue By: Shri Kumar Aditya, Dr सुिवधई की तधरीख/Date Of Hearing: 08/10/2025 घोर्णध की तधरीख/Pronouncement: 10/10/2025 आदेश/Order Per Inturi Rama Rao : This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 19.02.2025 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is An Individual. The Return Of Income For The Asst. Year 2017-18 Was Filed On 22.02.2018 & Revised The Same On 08.08.2018 Declaring Total Income Of Rs.3,88,150/-. The Assessee Had Deposited Cash To The Tune Of Rs.26,53,153/- In His Bank Account During F.Y. 2016-17. Ita No.681/Hyd/2025 2

For Appellant: Shri C. Maheshwar Reddy, C.AFor Respondent: Shri Kumar Aditya, DR

vide the impugned order dismissed after considering the submissions made before him as not maintainable. 4. Being aggrieved, the assessee is in appeal before the Tribunal in the present appeal. The Ld. AR of the assessee submitted that one more opportunity be provided to present his case once again before

Saadnakari Hazarathaiah, Hyderabad vs. ITO., Ward-1, Proddatur

In the result the appeal of the assessee is allowed

ITA 660/HYD/2025[2010-11]Status: DisposedITAT Hyderabad10 Oct 2025AY 2010-11

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.660/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2010-11) Shri Sadnakari Hazarathaiah, Income Tax Officer, Vs. Hyderabad. Ward-1, Pan: Adfph7103R Proddatur. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri C. Maheshwar Reddy, C.A. रधजस् व द्वधरध/Revenue By: Shri Kumar Aditya, Dr सुिवधई की तधरीख/Date Of Hearing: 08/10/2025 घोर्णध की तधरीख/Pronouncement: 10/10/2025 आदेश/Order Per Inturi Rama Rao : This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 29.11.2023

For Appellant: Shri C. Maheshwar Reddy, C.AFor Respondent: Shri Kumar Aditya, DR
Section 145Section 147Section 250Section 68

dismissed the appeal of the assessee. ITA No.660/Hyd/2025 3 4. Being aggrieved by the order of Ld. CIT(A), the assessee is in appeal before this Tribunal. It is contended by the learned counsel for the assessee before us that the Assessing Officer in the original assessment, rejected the books ... rival submissions of both the parties. At the outset, I find that there is a delay of 440 days in filing the appeal before the Tribunal. The assessee filed condonation petition seeking condonation of delay on the ground that he was not aware of the order passed

Venkata Subba Reddy Karnati, Hyderabad vs. ITO., Ward-1, Proddatur

In the result the appeal of the assessee is allowed

ITA 637/HYD/2025[2010-11]Status: DisposedITAT Hyderabad10 Oct 2025AY 2010-11

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.637/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2010-11) Shri Venkata Subba Reddy Income Tax Officer, Vs. Karnati, Ward-1, Hyderabad. Proddatur. Pan:Ahjpv4271E (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri C. Maheshwar Reddy, C.A. रधजस् व द्वधरध/Revenue By: Shri Kumar Aditya, Dr सुिवधई की तधरीख/Date Of Hearing: 08/10/2025 घोर्णध की तधरीख/Pronouncement: 10/10/2025 आदेश/Order Per Inturi Rama Rao : This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 07.09.2023

For Appellant: Shri C. Maheshwar Reddy, C.AFor Respondent: Shri Kumar Aditya, DR
Section 145Section 147Section 250Section 68

vide impugned order dismissed the appeal of the assessee. 4. Being aggrieved by the order of Ld. CIT(A), the assessee is in appeal before this Tribunal. It is contended by the learned counsel for the assessee before us that the Assessing Officer in the original assessment, rejected the books ... rival submissions of both the parties. At the outset, I find that there is a delay of 496 days in filing the appeal before the Tribunal. The assessee filed condonation petition seeking condonation of delay on the ground that he was not aware of the order passed

Aare Venkata Ramanaiah, Hyderabad vs. ITO., Ward-1, Proddatur

In the result the appeal of the assessee is allowed

ITA 633/HYD/2025[2010-11]Status: DisposedITAT Hyderabad10 Oct 2025AY 2010-11

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.633/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2010-11) Shri Aare Venkata Ramanaiah, Income Tax Officer, Vs. Hyderabad. Ward-1, Pan: Aoopr0993M Proddatur. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri C. Maheshwar Reddy, C.A. रधजस् व द्वधरध/Revenue By: Shri Kumar Aditya, Dr सुिवधई की तधरीख/Date Of Hearing: 08/10/2025 घोर्णध की तधरीख/Pronouncement: 10/10/2025 आदेश/Order Per Inturi Rama Rao : This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 10.01.2024

For Appellant: Shri C. Maheshwar Reddy, C.AFor Respondent: Shri Kumar Aditya, DR
Section 145Section 147Section 250Section 68

dismissed the appeal of the assessee. ITA No.633/Hyd/2025 3 4. Being aggrieved by the order of Ld. CIT(A), the assessee is in appeal before this Tribunal. It is contended by the learned counsel for the assessee before us that the Assessing Officer in the original assessment, rejected the books ... rival submissions of both the parties. At the outset, I find that there is a delay of 373 days in filing the appeal before the Tribunal. The assessee filed condonation petition seeking condonation of delay on the ground that he was not aware of the order passed