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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

Smt. Sudha Loyalka, New Delhi vs. ITO, New Delhi

In the result, appeal of the assessee is partly allowed

ITA 399/DEL/2017[2012-13]Status: DisposedITAT Delhi12 Sept 2025AY 2012-13

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2012-13] Smt. Sudha Loyalka, Vs Ito, Prop.Tirupati Industries, 2/1, Ward-35(2), Block-41, Singh Sabha Road, New Delhi Shakti Nagar, Delhi-110007. Pan-Aabpl6055D Appellant Respondent Appellant By Dr.Rakesh Gupta, Adv., Shri Somil Aggarwal, Adv. & Shri Deepesh Garg, Adv. Respondent By Shri Narpat Singh, Sr.Dr Date Of Hearing 24.06.2025 Date Of Pronouncement 12.09.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 01.12.2016 Passed By Ld. Commissioner Of Income Tax (A)-12, New Delhi [“Ld.Cit(A)”] In Appeal No. 26/15-16 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 18.03.2015 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2012-13. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed Her Return Of Income On 27.09.2012, Declaring Total Income Of Inr 3,52,180/-. The Case Of Assessee Was Selected For Scrutiny For The Reason “Large Amount Of Sundry Creditors”. Assessee Is Engaged In The Business Of Trading Of Fabrics & Readymade Garments Under The Name & Style As M/S. Tirupati Industries. The Assessee Has Shown Total Sundry Creditors Of Inr 6,77,21,342/- Which Includes Inr 3,48,88,095/- Under The Title “Retail Creditors Control Account”. In Order To Examine The Genuineness Of These Creditors, Ao Issued Notice U/S 133(6) Of The Act To 27 Parties Out Of Which Notices Issued To 20 Parities Amounting To Inr 2,78,20,495/- Were Returned Back For The Reason “Wrong Address/Incomplete Address/Non-Existed” Etc. The Ao Thereafter, Discussed Each Of The Parties To Whom Notices Were Sent & Reached To The Conclusion That These Parties Are Non-Existent & Made The Addition Of Inr 3,50,94,758/- As Bogus Creditors.

Section 133(6)Section 143(3)Section 250Section 37Section 69C

considering the submissions of the assessee, dismissed the appeal of the assessee. 4. Aggrieved by the said order of Ld.CIT(A), assessee filed appeal before the Tribunal where the Tribunal vide its order dated 18.07.2018 in ITA No.399/Del/2017 [Assessment Year 2012-13] deleted the additions and allowed the appeal

ACIT, New Delhi vs. M/S Nuwave E Solutions (P) Ltd., New Delhi

In the result, appeal of the Revenue is dismissed

ITA 3676/DEL/2011[2007-08]Status: DisposedITAT Delhi12 Sept 2025AY 2007-08

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2007-08] Acit, Vs M/S. Nuwave E Solutions (P) Circle-13(1), Ltd., 3Rd Floor, District Centre, New Delhi Dda Building, Nehru Place, New Delhi. Pan-Aabcn5790Q Appellant Respondent Appellant By Shri Pravin Rawal, Cit Dr Respondent By Dr. Rakesh Gutpa, Adv., Shri Saksham Agarwal, Ca, Shri Somil Agarwal, Adv. & Shri Deepesh Garg, Adv. Date Of Hearing 26.06.2025 Date Of Pronouncement 12.09.2025 Order Per Manish Agarwal, Am : The Captioned Appeal Is Filed By The Revenue Against The Order Dated 15.03.2011 Passed By Ld. Commissioner Of Income Tax (Appeal)-Xvi, New Delhi [“Cit(A)”, In Short] Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 31.12.2010 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2007-08. 2. Brief Facts Of The Case Are That Assessee Is A Company & E- Filed Its Return Of Income On 30.08.2007, Declaring Total Income Of Inr 1,45,48,453/-. The Said Return Was Revised On 20.08.2008, Declaring The Same Income As Was Declared The Return Of Income Filed U/S 139(1). The Case Of The Assessee Was Selected For Scrutiny & Various Queries Were Raised Which Were Replied By The Assessee. The Assessee Is Engaged In The Business Of Development & Export Of Software & 100% Eou Registered With Director Software Technology Park Of India In Terms Of Registration Certificate Dated 31.03.1999. The Major Shareholder In The Assessee Company Is Shri Anil Gutpa Who Is Having 99% Shareholding & Is Taking Substantial Interest In Day-To-Day Affairs Of The Assessee & Also In Its Associate Enterprises (“Ae”) At Us Who Is The Sole Buyer Of The Software Developed By The Assessee.

Section 10Section 10ASection 139(1)Section 143(3)Section 250Section 40Section 801A

wherein the additions made as well as disallowance made were deleted. 6. Aggrieved by the said order of Ld.CIT(A), Revenue is in appeal before the Tribunal wherein Revenue has taken following grounds of appeal :- 1. “That on the facts and circumstances and in law, the Ld. CIT(A) erred

Maya Devi, Manoharpur, Chaibasa vs. ITO Ward 2(1), Jamshedpur

In the result, all the captioned appeals are allowed

ITA 298/RAN/2024[2017-18]Status: DisposedITAT Ranchi11 Sept 2025AY 2017-18

Bench: Shri Sonjoy Sarma, Jm & Shri Ratnesh Nandan Sahay, Am (Through Hybrid Mode) आयकर अपील सं./Ita No.296-298/Ran/2024 ("नधा"रण वष" / Assessment Year :2017-2018) Maya Devi, Vs. Ito-Ward-2(1), Nandpur, Jharkhand-833104 Jamshedpur "थायी लेखा सं./Pan No. :Bgwpd 1450 J (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रती की ओर से /Assessee By : Shri Sumit Mittal, Ar राज"व क" ओर से /Revenue By : Shri Khubchand T Pandya, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 03/09/2025 घोषणा क" तार"ख/Date Of Pronouncement : 11/09/2025 आदेश / O R D E R Per Sonjoy Sarma, Jm : These Three Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Ld. Commissioner Of Income Tax (Appeals), All Dated 14.05.2024 For The Assessment Year 2017-2018. 2. Ita No.296/Ran/2024 Is Relating To Assessment Made U/S.147 R.W.S.144 Of The Act. Ita No.297/Ran/2024 Is Relating To Penalty Order Passed In The Case Of The Assessee U/S.271Aac(1) Of The Act & Ita No.298/Ran/2024 Is Relating To The Penalty Order Passed U/S.270A Of The Act. 3. Since The Issues Involved In All These Appeals Are Common Except For Variations In Figures, Therefore, All The Three Appeals Are Heard Together & Disposed Of By This Consolidated Order For The Sake Of Convenience. First We

For Appellant: Shri Sumit Mittal, ARFor Respondent: Shri Khubchand T Pandya, Sr. DR
Section 147Section 270ASection 271ASection 56(2)(vii)Section 69

consider the same by upholding the order of the Assessing Officer. 5. Dissatisfied with the above order, the assessee is in appeal before the Tribunal stating the fact that the alleged addition made in the hands of the assessee was bad in law since the property was jointly purchased

Maya Devi, Manoharpur, Chaibasa vs. ITO Ward 2(1), Jamshedpur

In the result, all the captioned appeals are allowed

ITA 297/RAN/2024[2017-18]Status: DisposedITAT Ranchi11 Sept 2025AY 2017-18

Bench: Shri Sonjoy Sarma, Jm & Shri Ratnesh Nandan Sahay, Am (Through Hybrid Mode) आयकर अपील सं./Ita No.296-298/Ran/2024 ("नधा"रण वष" / Assessment Year :2017-2018) Maya Devi, Vs. Ito-Ward-2(1), Nandpur, Jharkhand-833104 Jamshedpur "थायी लेखा सं./Pan No. :Bgwpd 1450 J (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रती की ओर से /Assessee By : Shri Sumit Mittal, Ar राज"व क" ओर से /Revenue By : Shri Khubchand T Pandya, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 03/09/2025 घोषणा क" तार"ख/Date Of Pronouncement : 11/09/2025 आदेश / O R D E R Per Sonjoy Sarma, Jm : These Three Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Ld. Commissioner Of Income Tax (Appeals), All Dated 14.05.2024 For The Assessment Year 2017-2018. 2. Ita No.296/Ran/2024 Is Relating To Assessment Made U/S.147 R.W.S.144 Of The Act. Ita No.297/Ran/2024 Is Relating To Penalty Order Passed In The Case Of The Assessee U/S.271Aac(1) Of The Act & Ita No.298/Ran/2024 Is Relating To The Penalty Order Passed U/S.270A Of The Act. 3. Since The Issues Involved In All These Appeals Are Common Except For Variations In Figures, Therefore, All The Three Appeals Are Heard Together & Disposed Of By This Consolidated Order For The Sake Of Convenience. First We

For Appellant: Shri Sumit Mittal, ARFor Respondent: Shri Khubchand T Pandya, Sr. DR
Section 147Section 270ASection 271ASection 56(2)(vii)Section 69

consider the same by upholding the order of the Assessing Officer. 5. Dissatisfied with the above order, the assessee is in appeal before the Tribunal stating the fact that the alleged addition made in the hands of the assessee was bad in law since the property was jointly purchased

Maya Devi, Manoharpur, Chaibasa vs. ITO Ward 2(1), Jamshedpur

In the result, all the captioned appeals are allowed

ITA 296/RAN/2024[2017-18]Status: DisposedITAT Ranchi11 Sept 2025AY 2017-18

Bench: Shri Sonjoy Sarma, Jm & Shri Ratnesh Nandan Sahay, Am (Through Hybrid Mode) आयकर अपील सं./Ita No.296-298/Ran/2024 ("नधा"रण वष" / Assessment Year :2017-2018) Maya Devi, Vs. Ito-Ward-2(1), Nandpur, Jharkhand-833104 Jamshedpur "थायी लेखा सं./Pan No. :Bgwpd 1450 J (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रती की ओर से /Assessee By : Shri Sumit Mittal, Ar राज"व क" ओर से /Revenue By : Shri Khubchand T Pandya, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 03/09/2025 घोषणा क" तार"ख/Date Of Pronouncement : 11/09/2025 आदेश / O R D E R Per Sonjoy Sarma, Jm : These Three Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Ld. Commissioner Of Income Tax (Appeals), All Dated 14.05.2024 For The Assessment Year 2017-2018. 2. Ita No.296/Ran/2024 Is Relating To Assessment Made U/S.147 R.W.S.144 Of The Act. Ita No.297/Ran/2024 Is Relating To Penalty Order Passed In The Case Of The Assessee U/S.271Aac(1) Of The Act & Ita No.298/Ran/2024 Is Relating To The Penalty Order Passed U/S.270A Of The Act. 3. Since The Issues Involved In All These Appeals Are Common Except For Variations In Figures, Therefore, All The Three Appeals Are Heard Together & Disposed Of By This Consolidated Order For The Sake Of Convenience. First We

For Appellant: Shri Sumit Mittal, ARFor Respondent: Shri Khubchand T Pandya, Sr. DR
Section 147Section 270ASection 271ASection 56(2)(vii)Section 69

consider the same by upholding the order of the Assessing Officer. 5. Dissatisfied with the above order, the assessee is in appeal before the Tribunal stating the fact that the alleged addition made in the hands of the assessee was bad in law since the property was jointly purchased