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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

Sanjeev Kumar, Patna vs. ITO, Ward- 6 (1), Patna

The appeal of the assessee is allowed for statistical purposes

ITA 264/PAT/2025[2014-15]Status: DisposedITAT Patna01 Sept 2025AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.264/Pat/2025 Assessment Year: 2014-15 Sanjeev Kumar...……………………………. …………………....Appellant Om Enterprises, Main Bazar, Bihta, Bihar- 801503. [Pan: Aswpk7096A] Vs. Ito, Ward-6(1), Patna……..…..……………..………………….…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Smt. Rinku Singh, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 19, 2025 Date Of Pronouncing The Order : September 1St, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 17.01.2025 Passed By The Nfac Under Section 250 Of The Income-Tax Act, 1961. 2. At The Outset, It Is Noted That There Is A Delay Of 56 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 250

Income-tax Act, 1961. 2. At the outset, it is noted that there is a delay of 56 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 ... compliance 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 assessee did not turn up before this Bench. Although, Registry has issued notice to the assessee. As no one turned

Dineshwar Prasad, Sarvadya Kamla Apartment, Boring Road vs. Deputy Commissioner of Income Tax, Circle-4, Patna, Not Known

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

ITA 250/PAT/2025[2014-15]Status: DisposedITAT Patna01 Sept 2025AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.250/Pat/2025 Assessment Year: 2014-15 Dineshwar Prasad.………………………. …………………....Appellant Sarvadya Kamla Apartment, An Path, North S K Puri, Boring Road, Patna - 800013. [Pan: Acwpp8473C] Vs. Dcit, Circle-4, Patna…..…..……………..………………….…..... Respondent Appearances By: Shri S.S.P Singh, Fca Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 18, 2025 Date Of Pronouncing The Order : September 1St, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 21.02.2023 Passed By The Nfac, Delhi Under Section 250 Of The Income-Tax Act, 1961. 2. At The Outset, It Is Noted That There Is A Delay Of 749 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 250Section 69

Income-tax Act, 1961. 2. At the outset, it is noted that there is a delay of 749 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 ... having no alternative, dismissed the appeal ex parte by upholding the order of the Assessing Officer. 5. The assessee is now in appeal before this Tribunal raising various ground. However, the main contention of the ld. AR is that the assessee could not represent the case properly before

Girish Chandra, Patna vs. ITO, Ward- 4(3), Patna

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

ITA 615/PAT/2024[2016-17]Status: DisposedITAT Patna01 Sept 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.615/Pat/2024 Assessment Year: 2016-17 Girish Chandra……………………………. …………………....Appellant S/O Harsukh Rai Vyas, Nai Sarak, 11/A Devaki Complex, Chowk Patna City, Patna-800008. [Pan: Afrpc1879H] Vs. Ito, Ward-4(3), Patna……..……………..………………….…..... Respondent Appearances By: Shri Pradeep Kr., Ca Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 18, 2025 Date Of Pronouncing The Order : September 1St, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 07.12.2023 Passed By The Commissioner Of Income Tax, Appeal Addl/Jcit(A)-1, Delhi Under Section 250 Of The Income-Tax Act, 1961. 2. At The Outset, It Is Noted That There Is A Delay Of 253 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 250Section 69A

Income-tax Act, 1961. 2. At the outset, it is noted that there is a delay of 253 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 ... having no alternative, dismissed the appeal ex parte by upholding the order of the Assessing Officer. 5. The assessee is now in appeal before this Tribunal raising various ground. However, the main contention of the ld. AR is that the assessee could not represent the case properly before

Labh Singh Panchkula, Panchkula vs. Income Tax Officer, Ward 2, Panchkula

In the result, the appeal of the assessee is partly allowed

ITA 733/CHANDI/2025[2011-12]Status: HeardITAT Chandigarh01 Sept 2025AY 2011-12

Bench: Shri Laliet Kumarआयकर अपील सं./ Ita No. 733/Chd/2025 "नधा"रण वष" / Assessment Year : 2011-12 Labh Singh, Ito, C/O M.K.Aggarwal & बनाम Ward 2, Associates, Panchkula Vs. Sco 1,First Floor, Sector 11, Panchkula "थायी लेखा सं./Pan No: Didps5445F अपीलाथ"/Appellant ""यथ"/Respondent ( Hybrid Hearing ) "नधा"रती क" ओर से/Assessee By : Sh Rishab Gupta, Ca राज"व क" ओर से/ Revenue By : Smt. Surinder Kaur Waraich, Addl. Cit, Sr. Dr (Virtual) सुनवाई क" तार"ख/Date Of Hearing : 28-08-2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 01.09-2025 आदेश/Order This Appeal By The Assessee Is Directed Against The Order Of The Learned Cit(A), Confirming The Penalty Levied Under Section 271(1)(B) Of The Income-Tax Act, 1961. 2. The Assessing Officer (Ao), In The Course Of Assessment Proceedings, Issued Statutory Notices Under Sections 143(2) & 142(1) On Various Dates. Since The Assessee Did Not Comply With The Notices, The Ao Levied A Penalty Of ₹40,000/- Under Section 271(1)(B), Being ₹10,000/- For Each Of Four Defaults. The Learned Cit(A) Confirmed The Levy.

For Appellant: Sh Rishab Gupta, CAFor Respondent: Smt. Surinder Kaur Waraich, Addl. CIT
Section 271(1)(b)

being ₹10,000/- for each of four defaults. The learned CIT(A) confirmed the levy. 3. Aggrieved, the assessee is in appeal before the Tribunal. 4. The learned Authorised Representative submitted that the assessee is an illiterate person and was unable to respond to all notices properly, and there ... four instances of default. The learned CIT(A) sustained the levy of penalty in appellate proceedings. Aggrieved, the assessee is now in appeal before the Tribunal. 7. The learned Authorised Representative submitted that the assessee is an illiterate individual who was unable to appreciate the implications of multiple statutory notices