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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

Jagdish Raghunathji Lahoti, Mumbai vs. Assistant Commissioner of Income Tax, Circel 23(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1999/MUM/2025[2016-17]Status: DisposedITAT Mumbai18 Sept 2025AY 2016-17

Bench: Ms. Kavitha Rajagopal & Smt. Renu Jauhri & Jagdish Raghunathji Lahoti Assistant Commissioner, 27/31, 4Th Floor, Bootwala Vs. Circle 23(1), Mumbai Building, Old Hanuman Lane, 113, 1St Floor, Matru Mandir, Kalbadevi 400002 Tardeo Road, Mumbai 400007 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Abxpl4596N (Appellant) (Respondent) निर्ााररती की ओर से / Assessee By: Shri. Ajinkya Vaishampayan /Revenue By: Shri Vivek Perampurna Cit-Dr Date Of Hearing 13.08.2025 Date Of Pronouncement 18.09.2025 आदेश/O R D E R Per Renu Jauhri [A.M]: These Appeals Are Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As "Cit(A)"] Dated 24.01.2025 Passed U/S. 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "Act"] For Assessment Year [A.Y.] 2014-15 & 2016-17. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri. Ajinkya VaishampayanFor Respondent: Shri Vivek Perampurna CIT-DR
Section 147Section 148Section 151Section 153CSection 250Section 69A

fresh assessment after considering the assesse’s submissions. 4.1. Aggrieved with the order of Ld. CIT(A), the assessee has filed an appeal before the Tribunal on the ground that Ld. CIT(A) did not adjudicate the validity of the notice issued

Jagdish Raghunathji Lahoti, Mumbai vs. Assistant Commissioner of Income Tax, Circle 23(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1998/MUM/2025[2014-15]Status: DisposedITAT Mumbai18 Sept 2025AY 2014-15

Bench: Ms. Kavitha Rajagopal & Smt. Renu Jauhri & Jagdish Raghunathji Lahoti Assistant Commissioner, 27/31, 4Th Floor, Bootwala Vs. Circle 23(1), Mumbai Building, Old Hanuman Lane, 113, 1St Floor, Matru Mandir, Kalbadevi 400002 Tardeo Road, Mumbai 400007 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Abxpl4596N (Appellant) (Respondent) निर्ााररती की ओर से / Assessee By: Shri. Ajinkya Vaishampayan /Revenue By: Shri Vivek Perampurna Cit-Dr Date Of Hearing 13.08.2025 Date Of Pronouncement 18.09.2025 आदेश/O R D E R Per Renu Jauhri [A.M]: These Appeals Are Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As "Cit(A)"] Dated 24.01.2025 Passed U/S. 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "Act"] For Assessment Year [A.Y.] 2014-15 & 2016-17. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri. Ajinkya VaishampayanFor Respondent: Shri Vivek Perampurna CIT-DR
Section 147Section 148Section 151Section 153CSection 250Section 69A

fresh assessment after considering the assesse’s submissions. 4.1. Aggrieved with the order of Ld. CIT(A), the assessee has filed an appeal before the Tribunal on the ground that Ld. CIT(A) did not adjudicate the validity of the notice issued