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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

Tulsi Trust, New Delhi vs. Deputy Commissioner of Income Tax, New Delhi

In the result, the appeal of the assessee is allowed

ITA 1410/DEL/2025[2022-23]Status: DisposedITAT Delhi28 Aug 2025AY 2022-23

Bench: Shri Sudhir Kumar & Shri Manish Agarwaltulsi Trust Dy. Cit, B-60/61, C/O Bajaj Auto Circle-49(1), Limited, Naraina Industrial Vs. New Delhi. Area Phase-Ii, New Delhi-110028 Pan-Aaatt0503H (Appellant) (Respondent) Assessee By Shri Mahender Gohel, Ar (Virtual) Department By Shri Om Prakash, Sr. Dr Date Of Hearing 21/08/2025 Date Of Pronouncement 28/08/2025 O R D E R [ Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Addl./ Jt. Commissioner Of Income Tax (Appeals)-Hyderabad [Cit(A) In Short], Dated 26.03.2025 In Appeal No. Addl. / Jcit-(A) - 4 Hyderabad/10061/2022-23 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short) For Assessment Year 2022-23. 2. Brief Facts Of The Case Are That The Assessee Is A Trust & Filed Its Return Of Income On 21.07.2022 Declaring Total Income Of Rs.5,67,53,750/-. The Return Was Processed U/S 143(1) By The Cpc Tulsi Trust Vs. Dcit Wherein The Assessee Was Charged Tax At A Flat Rate Of 30% & Surcharge As Applicable As Against The Normal Rate Of Tax As Per The Slab Provided In The Act Paid By The Assessee. Against The Said Order, The Assessee Filed An Appeal Before The Ld. Cit(A) Who Dismissed The Appeal Of The Assessee.

Section 11Section 143(1)Section 250

appeal before the Ld. CIT(A) who dismissed the appeal of the assessee. 3. Aggrieved by the said order, the assessee is in appeal before the Tribunal by taking following grounds of appeal: I. RATE OF TAX: 1.1 On the facts and in the circumstances of the case

Income Tax Officer, Ward-1, Jagraon vs. Piara Singh Gill, Vpo Jhorran

In the result, appeal as well as Cross Objections, both are dismissed

ITA 230/CHANDI/2025[2020-21]Status: DisposedITAT Chandigarh27 Aug 2025AY 2020-21

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 230/Chd/2025 "नधा"रण वष" / Assessment Year: 2020-21 The Ito, Vs Shri Piara Singh Gill, Ward – 1, S/O Harchand Singh, Jagraon. Vpo – Jhorran, Tehsil – Raikot, Ludhiana. "थायी लेखा सं./Pan No: Bdipg3875K अपीलाथ"/Appellant ""यथ"/Respondent & C.O. No. 12/Chd/2025 In आयकर अपील सं./ Ita No. 230/Chd/2025 "नधा"रण वष" / Assessment Year: 2020-21 Shri Piara Singh Gill, The Ito, S/O Harchand Singh, Vs Ward – 1, Vpo – Jhorran, Jagraon. Tehsil – Raikot, Ludhiana. "थायी लेखा सं./Pan No: Bdipg3875K अपीलाथ"/Appellant ""यथ"/Respondent Revenue By : Dr. Ranjit Kaur, Addl. Cit Sr.Dr Assessee By : Shri Sudhir Sehgal, Advocate Date Of Hearing : 12.08.2025 Date Of Pronouncement : 27.08.2025 Physical Hearing O R D E R Per Raj Pal Yadav, Vp

For Appellant: Shri Sudhir SehgaL, AdvocateFor Respondent: Dr. Ranjit Kaur, Addl. CIT Sr.DR

Hearing : 12.08.2025 Date of Pronouncement : 27.08.2025 PHYSICAL HEARING O R D E R PER RAJ PAL YADAV, VP The Revenue is in appeal before the Tribunal against the order of the ld. Commissioner of Income Tax (Appeals) [in & C.O. 12/CHD/2025 A.Y.2020-21 2 short ‘the CIT (A)’] dated 04.01.2025 passed ... assessment order for fresh enquiry. We are of the view that Department ought to have not filed this type of frivolous appeals before the Tribunal. It is mere wastage of resources. It has to be appreciated by the administrating CIT (Appeals) & C.O. 12/CHD/2025 A.Y.2020-21 3 while giving approval that assessment