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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

Blueray Trading Pvt. Limited, Thane vs. The Dy. CIT, Central Circle-1(1), Ahmedabad

In the result, the appeal of the assessee before us stands allowed

ITA 496/AHD/2024[2010-11]Status: DisposedITAT Ahmedabad25 Sept 2025AY 2010-11

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyalblueray Trading Pvt. Ltd., The Dy. Commissioner Of Vs. 306, Snehadisha, Parawadi, Income-Tax, Highway Road, Thane-400601 Central Circle-1(1), Ahmedabad [Pan : Aafcm 8859 D] (Appellant) .. (Respondent) Appellant By : Shri Mehul K. Patel, Advocate Respondent By: Shri Abhijit, Sr. Dr Date Of Hearing 16.09.2025 Date Of Pronouncement 25.09.2025 O R D E R Per Dr. B.R.R. Kumar, Vice-:- Delay Condoned. This Appeal Has Been Filed By The Assessee Against The Order Dated 30.08.2023 Passed By The Ld. Commissioner Of Income-Tax (Appeals)-11, Ahmedabad (‘Ld. Cit(A)’ In Short), Under Section 250 Of The Income-Tax Act, 1961 (‘The Act’ In Short), Relating To The Assessment Year 2010-11. 2. The Assessee Has Raised Following Grounds:-

For Appellant: Shri Mehul K. Patel, AdvocateFor Respondent: Shri Abhijit, Sr. DR
Section 139Section 143(3)Section 148Section 250Section 263Section 68Section 69C

entries, confirmed the addition of Rs.33,50,000/-. 5. Aggrieved by the order of the Ld. CIT(A), the assessee is now in appeal before the Tribunal. 6. The Ld. AR submitted that the addition of Rs.33.50 lakhs under Section 69C is based solely on estimated commission, without any evidence ... companies from whom the share capital was claimed to have been received. Further, the PCIT noted that since the Department has filed appeal before the Tribunal in the matter, which is pending adjudication therefore, there is no restriction on the PCIT in initiating 263 proceedings, in the instant facts. Accordingly

Vimal Pukhraj Jain, Mumbai vs. Income Tax Officer 42(1)(5), Mumbai

In the result, appeal of the assessee is allowed

ITA 4305/MUM/2025[2018-19]Status: DisposedITAT Mumbai25 Sept 2025AY 2018-19

Bench: Ms. Kavitha Rajagopal & Smt. Renu Jauhrivimal Pukhraj Jain Income Tax Officer Ward 806, Dheeraj Enclave, Borivali East, Vs. 42(1)(5) Opp. Bhor Industries, Mumbai Kautilya Bhavan, Bkc, 400066 Mumbai 400051 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaipj6511H (Appellant) (Respondent) निर्ााररती की ओर से / Assessee By: Shri. Pankaj Jain/ Ms. Karuna Kurle Shirdhankar /Revenue By: Ms. Kavita P. Kaushik Sr. Dr Date Of Hearing 18.08.2025 Date Of Pronouncement 25.09.2025 आदेश/O R D E R Per Renu Jauhri [A.M]: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As "Cit(A)"] Dated 14.02.2023 Passed U/S. 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "Act"] For Assessment Year [A.Y.] 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal: “On The Facts & In The Circumstances Of The Case & In Law The Ld. Commissioner Of Income Tax (Appeals) –Nfac Has Confirmed The Penalty Of Rs. 50,000/- Levied By The Assessing Officer By Invoking Provisions Of Section 272A(1)(D) Of The Income Tax Act, 1961 For Non-Compliance Of The Notices.” 3. At The Outset, It Is Notice That There Is A Delay In Filling Appeal Of 807 Days. The Assessee Has Filed An Affidavit Explaining The Reasons For The P A G E | 2

For Appellant: Shri. Pankaj Jain/ Ms. KarunaFor Respondent: Ms. Kavita P. Kaushik SR. DR
Section 143(3)Section 250Section 272ASection 272A(1)(d)

checked the status of the proceedings on the income tax portal and thereafter it came to the notice of the assessee that the appeal before the Tribunal had not been filed. Since the filing of appeal got delayed due to genuine and bonafide reasons, therefore, the assessee has requested