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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

Jai Prakash Virmani, Faridabad vs. Dc ACIT Cent Faridabad 2 New, Faridabad

In the result, the appeal of the assessee is allowed

ITA 4764/DEL/2024[2019-20]Status: DisposedITAT Delhi29 Aug 2025AY 2019-20

Bench: Shri Sudhir Kumar & Shri Manish Agarwaljai Prakash Virmani, Dcit/Acit, Shop No.7, Sector 58, Central Circle, Faridabad, Haryana-121004 Vs. Faridabad. Pan-Ahrpp4614R (Appellant) (Respondent) Assessee By Shri M.K. Gupta, Ca Department By Shri Om Prakash, Sr. Dr Date Of Hearing 21/08/2025 Date Of Pronouncement 29/08/2025 O R D E R [ Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-3, Gurgaon [Cit(A) In Short], Dated 04.09.2024 In Appeal No.10863/2018-19 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short) For Asst. Year 2019-20. 2. Brief Facts Of The Case Are That The Survey U/S 133A Was Carried Out At The Business Premises Of The Assessee On 23.01.2019. During The Course Of Survey Certain Loos Papers Were Found & Impounded Having Entries Of Cash Withdrawals & The Undisclosed Expenditure On Constructions Of House, Besides Other Documents Were Also Found Jai Prakash Virmani Vs. Dcit /Acit & Impounded. Based On These Entries Assessee Had Offered Additional Income In The Statements Recorded During The Course Of Survey Of Rs.1,28,34,958/-. Thereafter, Vide Letter Dated 20.01.2020, The Assessee Retracted Partly From The Additional Income So Offered During The Survey. The Case Of The Assessee Was Taken Up For Scrutiny & Assessment Was Completed Wherein The Ao Observed That Income Offered By The Assessee Towards Unexplained Investment In The Construction Of House Is Taxable U/S 69 Of The Act. The Ao Further Observed That The Provisions Of Section 115Bbe Are Applicable On The Income Of Rs.17,66,380/- Offered By The Assessee On Account Of Undisclosed Investment In Constructions House.

Section 115BSection 133ASection 234BSection 250Section 69

assessee filed appeal before the Ld. CIT(A), who04.09.2024 dismissed the appeal of the assessee. Aggrieved by the said order, assessee is in appeal before the Tribunal by taking following grounds of appeal: 1. That having regard to the facts and circumstances of the case, Ld. CIT has erred

Gajendra Kumar, Mahoba vs. Income Tax Officer Ward 2 (2)(4 ), Banda

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

ITA 94/ALLD/2025[2017-2018]Status: DisposedITAT Allahabad28 Aug 2025AY 2017-2018

Bench: Sh. Subhash Malguria & Sh. Nikhil Choudharya.Y. 2017-18 Gajendra Kumar, Vs. Income Tax Officer, 526, Rathaur Colony, Jaitpur, Ward-2(2)(4), Banda Belatal, Mahoba, U.P. Pan:Bitpk6827P (Appellant) (Respondent) Assessee By: Sh. Praveen Godbole, C.A. Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 06.08.2025 Date Of Pronouncement: 28.08.2025 O R D E R Per Nikhil Choudhary, A.M.: [ This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A) Passed Under Section 250 Of The Income Tax Act, 1961 On 3.01.2025, Dismissing The Appeal Of The Assessee Against The Orders Of The Ito, Ward-2(2)(4), Banda Dated 21.12.2019 Passed Under Section 144 Of The Income Tax Act. The Grounds Of Appeal Are As Under:- “1. That The Learned Cit (Appeal) Has Erred In Law & Facts In Disallowing Appeal & Confirming The Addition Made By A.O. Of Rs. 25, 90,414/- As Cash Deposits Into Bank Account Under Section 69A Of It Act, 1961 Because All Notices Were Issued U/S 250 Of The Act On Itba Portal & No Physical Notice Was Issued To Appellant On Address Mentioned In Filed Itr & Filed Appeal & Has Disallowed Appeal Without Considering This Fact That Appellant Lives At Village Jaitpur Post Belataal, District Mahoba (U.P.) & Is Unknown About Information Technology. 2. That The Learned Cit (Appeal) Has Erred In Law & Facts In Disallowing Appeal & Confirming The Addition Made By A.O. Of Rs. 25, 90,414/- As Cash Deposits Into Bank Account Under Section 69A Of It Act, 1961 Without Considering This Fact That Appeal Was Filed By Advocate Dinesh Gupta Who Was Expired & Email Id In Profile Of Appellant Was Update By Him. Appellant Was Unknown About Login Id & Password Of Portal & Email Id Which Was Maintained By Late Advocate Dinesh Gupta.

For Appellant: Sh. Praveen Godbole, C.AFor Respondent: Sh. A.K. Singh, Sr. DR
Section 142Section 142(1)Section 143(2)Section 144Section 221(1)Section 250Section 69A

even aware of the issue of 4 Gajendra Kumar A.Y. 2017-18 notices. The reason for the delay in filing the appeal before the Tribunal was also because of this lack of awareness. On the merits of the matter, it was submitted that, while making the addition

Sonalben Sanjaysinh Vihol, Ahmedabad vs. The Income Tax Officer, Ward-1, Patan

In the result, both the appeals of the assessee are treated as allowed for statistical purposes

ITA 1828/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad28 Aug 2025AY 2016-17

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1827/Ahd/2024 & 1828/Ahd/2024 िनधा"रण वष" /Assessment Years : 2014-15 & 2016-17 Respectively Sonalben Sanjaysinh Vihol The Income Tax Officer बनाम/ C/31, Ishan Residency Ward-1, V/S. R C Technical Road Patan – 384 265 Ghatlodia Ahmedabad – 380 061 (Gujarat) "थायी लेखा सं./Pan: Alxpv 4350 Q (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Chirag Shah, Ar Revenue By : Shri Abhijit, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 20/08/2025 घोषणा की तारीख /Date Of Pronouncement: 28/08/2025 आदेश/O R D E R Per Sanjay Garg: Both The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Of Even Date 30/07/2024 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2014-2015 & 2016-17. Ita Nos.1827 & 1828/Ahd/2024 Sonalben Sanjaysinh Vihol Vs. Ito Asst.Year: 2014-15 & 2016-17

For Appellant: Shri Chirag Shah, ARFor Respondent: Shri Abhijit, Sr.DR
Section 144Section 250Section 69A

were fulfilled, therefore, he upheld the assessment order. 5. Being aggrieved by the order of the Ld.CIT(A), the assessee has come in appeal before the Tribunal. 6. We have heard the rival submissions of the parties and gone through the record. Though, there was a failure on the part