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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

Arcot Afsar Begum, Tadipatri vs. Income Tax Officer, Ward-1, Anantapur

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

ITA 1134/HYD/2025[2013-14]Status: DisposedITAT Hyderabad12 Sept 2025AY 2013-14

Bench: The Tribunal Within The Prescribed Period. It Was Contended That The Delay Is Neither Willful Nor Deliberate But Has Occurred On Account Of Genuine & Bona Fide Reasons. Accordingly, He Prayed For Condonation Of The Delay In The Interest Of Substantial Justice. 3. Per Contra, The Learned Departmental Representative (“Ld. Dr") Did Not Raise Any Serious Objection To The Prayer Of The Assessee. 4. We Have Carefully Considered The Submissions Of Both Sides & Perused The Condonation Petition Along With The Affidavit Placed On Record. On Perusal Of The Same, We Are Satisfied That The Assessee Has Shown A Reasonable & Bona Fide Cause For The Delay In Filing The Appeal. It Is Well Settled That When Substantial Justice & Technical Considerations Are Pitted Against Each Other, The Cause Of Substantial Justice Deserves To Be Preferred. In View Of The Above Facts & Circumstances & There Being No Serious Objection From The Revenue, We Condone The Delay Of 95 Days In Filing Of The Appeal. Accordingly, The Appeal Is Admitted For Adjudication On Merits. 5. The Assessee Has Raised The Following Grounds Of Appeal :

Section 115BSection 147Section 44ASection 69A

dismissed the appeal ex-parte. 8. Aggrieved with the order of Ld. CIT(A), the assessee has now come in appeal before the Tribunal. The Ld. AR submitted that the order of the Ld. CIT(A) suffers from violation of the principles of natural justice. He invited our attention

Ratan Shaw, Naihati vs. ITO, Ward 51(3), Kolkata

The appeal of the assessee is allowed

ITA 309/KOL/2025[2015-16]Status: DisposedITAT Kolkata12 Sept 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.309/Kol/2025 Assessment Year: 2015-16 Ratan Shaw………………….…………………....…………………....Appellant 15, L. N. Kabiraj Road, Gorifa, Naihati, Wb-743166. [Pan: Bvups8926H] Vs. Ito, Ward-51(3), Kolkata..……………....…..………………….…..... Respondent Appearances By: Shri Anil Kochar, Adv., Appeared On Behalf Of The Appellant. Shri Abhijit Adhikari, Jcit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 21, 2025 Date Of Pronouncing The Order : September 12, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (A), Chennai (Hereinafter Referred To As “Ld. Cit(A)”) Dated 22.11.2024 Passed Under Section 250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. At The Outset, It Is Noted That There Is A Delay Of 12 Days In Filing The Present Appeal Before The Tribunal. The Assessee Has Filed A Condonation Petition Explaining The Reasons Or Such Delay. After Considering The Submissions & Materials On Record, We Are Satisfied That There Was Reasonable Cause For The Delay In Filing The Appeal. Accordingly, The Said Delay Is Condoned & The Appeal Is Admitted For Adjudication.

Section 143(3)Section 250Section 69

outset, it is noted that there is a delay of 12 days in filing the present appeal before the Tribunal. The assessee has filed a condonation petition explaining the reasons or such delay. After considering the submissions and materials on record, we are satisfied that there was reasonable cause ... assessee was dismissed by simply sustaining the order of the Assessing Officer. 5. Dissatisfied with the above order, the assessee is in appeal before this Tribunal. At the time of hearing, the ld. AR contended that due to clerical error, while filing the return a figure of Rs.2012513/- was wrongly

Nafees Ahmad, Gonda vs. ITO Ward-52(1), Delhi

In the result, appeal of the assessee is allowed

ITA 4046/DEL/2025[2017-18]Status: DisposedITAT Delhi12 Sept 2025AY 2017-18

Bench: Shri Mahavir Singhasstt. Year : 2017-18 Nafees Ahmad, Vs. Ito-52(1), New Delhi/ Nfac, 115/21, Rakabganj, Kotwali Nagar, Delhi Gonda, Uttar Pradesh-271001 (Pan: Aiopa0771A) (Appellant) (Respondent) Appellant By : Sh. Prashant Kumar Verma, Adv. Respondent By : Sh. Manoj Kumar, Sr. Dr. Date Of Hearing 03.09.2025 Date Of Pronouncement 12.09.2025 Order This Appeal By The Assessee Is Emanating From The Order Of The Ld. Commissioner Of Income Tax (Appeals), Nfac, Delhi Dated 18.11.2024 Pertaining To Assessment Year 2017-18. The Solitary Issue Argued By The Ld. Ar Is Relating To Challenging The Notice U/S. 148 Of The Act Dated 27.3.2021 Issued By The Ito, Ward- 52(1), Delhi Is Without Jurisdiction & Is Void Ab Initio & Consequently The Reassessment Is Also Void Ab Initio. 2. Heard Both The Sides & Perused The Records. 3. Brief Facts Of The Case Are That Assessee Is An Individual & Filed His Original Return Of Income For The Ay 2017-18 Declaring Total Income Of Rs. 2,60,450/-. Thereafter, The Assessee Filed Revised Return Of Income Declaring Taxable Income Of Rs. 3,12,480/-. As Per The Financial Transactions Reported In The Its, Assessee Has Deposited Cash Amounting To Rs. 18,29,000/- With Indian Overseas Bank At Gonda

For Appellant: Sh. Prashant Kumar Verma, AdvFor Respondent: Sh. Manoj Kumar, Sr. DR
Section 115BSection 142(1)Section 147Section 148Section 69A

Hence, Grounds No.2, 3 and 6 of the appellant are dismissed.” 4. Against the order of the Ld. CIT(A), assessee is in appeal before the Tribunal. 2 | P a g e 5. At the time of hearing, Ld. AR has submitted that the notice

Venkateswarlu Chandu, Delhi vs. Deputy Commissioner of Income Tax, Circle - 43(1), New Delhi

In the result, the instant assessee’s appeal is allowed

ITA 3119/DEL/2025[2017-18]Status: DisposedITAT Delhi12 Sept 2025AY 2017-18

Bench: Shri Mahavir Singh, Hon’Bleasstt. Year : 2017-18 Venkateswarlu Chandu, Vs. Dcit, Cc-43(1), B-905, Best Paradise, Plot No. 4, New Delhi Bhartiya Cghs, Sector-19, Dwarka, Delhi – 110 075 (Pan: Acdpc4984A) (Appellant) (Respondent) Appellant By : Sh. Rajat Jain, Ca & Sh. Akshat Jain, Ca Respondent By : Shri Manoj Kumar, Sr. Dr. Date Of Hearing 03.09.2025 Date Of Pronouncement 12.09.2025 Order This Appeal Has Been Filed By The Assessee Against The Order Dated 24.04.2025 Passed By The Nfac, Delhi For The Assessment Year 2017-18. The Solitary Issue Raised In This Appeal Is Relating To Sustaining Of Addition Of Rs. 9,99,000/- Made By The Ao U/S. 69C Of The Act. 2. Brief Facts Of The Case Are That The Assessee E-Filed His Return Of Income For The Assessment Year 2017-18 On 31.10.2017, Declaring Total Income Of Nil. Subsequently, The Case Was Selected For Limited Scrutiny Through Cass & Statutory Notices Were Issued To The Assessee. During The Course Of Assessment Proceedings, The Assessee Submitted That He Earned An Agriculture Income Of Rs. 23,10,000/- & This Receipt Was Deposited In Cash To Pay For The Bills Of Credit Care In His Bank Located In Delhi. On Perusal Of The Submissions Filed By The Assessee It Was Observed By The Ao That The Assessee Earned Agriculture Income In Cash Nellipudi Village, Andhra Pradesh. In Response To Requisite Notices, Ao Noted

For Appellant: Sh. Rajat Jain, CA & Sh. Akshat Jain, CAFor Respondent: Shri Manoj Kumar, Sr. DR
Section 69C

Nellipudi Village, Andhra Pradesh to Delhi. He noted that few payments were made at Hyderabad, Vijaywada, Guntur and Securderabad. Aggrieved, assessee filed the appeal before the Tribunal. 3. During the hearing, Ld. AR has submitted that Ld. CIT(A) erred in confirming the addition of credit card payments in cash

Brijesh Kumar Goswami, Delhi vs. ITO, Ward-36(2), Delhi

In the result, the instant assessee’s appeal is partly allowed

ITA 2415/DEL/2025[2012-13]Status: DisposedITAT Delhi12 Sept 2025AY 2012-13

Bench: Shri Mahavir Singh, Hon’Bleasstt. Year : 2012-13 Brijesh Kumar Goswami, Vs. Income Tax Officer, A-305, Majlis Park, Adarsh Ward 36(2), New Dehi Nagar, New Dehi – 110 033 (Pan: Adapg2435L) (Appellant) (Respondent) Appellant By : None Respondent By : Shri Manoj Kumar, Sr. Dr. Date Of Hearing 03.09.2025 Date Of Pronouncement 12.09.2025 Order This Appeal Has Been Filed By The Assessee Against The Order Dated 12.02.2025 Passed By The Nfac, Delhi For The Assessment Year 2012-13. 2. Brief Facts Of The Case Are That The Assessee Being Individual, Not Having Filed His Income Tax Return For The Ay 2012-13, Simply For The Reason That The Total Income For The Year Was Less Than The Threshold Limit Of Assessment. In The Meanwhile, In Compliance To Notice U/S. 148 Dated 30.3.2019 The Assessee Furnished His Return Of Income, Declaring Taxable Income Of Rs. 13,521/- & Claimed Refund Of Rs. 2,230/-. Assessment In This Case Was Completed U/S. 147 R.W.S. 143(3) Of The Act At A Total Income Of Rs. 8,60,180/- As Against The Returned Income Of Rs. 13,520/- & Made The Addition Of Rs. 1,09,640/- On Account Of Share Trading Transactions With Mcx & Rs. 71,316/- On Account Of Share Trading With Bse & A Sum Of Rs. 87,584/- As Adhoc Disallowance Of Expenditure Claimed. Besides This, He Has Also Denied The Exemption On Account Of Agricultural Income, Thereby Making

For Appellant: NoneFor Respondent: Shri Manoj Kumar, Sr. DR
Section 10(1)Section 133(6)Section 147Section 148

thereby making additions of Rs. 5,78,120/-. In appeal, Ld. CIT(A) dismissed the appeal of the assessee. Aggrieved, assessee filed the appeal before the Tribunal. 3. None appeared on behalf of the assessee, despite issue of notice of hearing, hence, I am proceeding exparte qua the assessee, after