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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

Shri Ganesh Ssk Ltd, Ahmednagar vs. D.C.I.T, Ahmednagar, Circle-Ahmednagar

ITA 2510/PUN/2024[2010-11]Status: DisposedITAT Pune18 Aug 2025AY 2010-11

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.119/Pun/2025 निर्धारण वर्ष / Assessment Year : 2009-10 Shri Ganesh Sahakari Sakhar Karkhana Ltd., A/P. Ranjangaon Khurd, Tal.-Rahata, Dist.-Ahmednagar – 413719 Vs. Dcit, Ahmednagar Circle, Ahmednagar Pan: Aaeas0636H अपीलार्थी / Appellant प्रत्यर्थी / Respondent आयकर अपील सं. / Ita Nos.2510, 2511 & 2512/Pun/2024 निर्धारण वर्ष / Assessment Years : 2010-11, 2012-13 & 2013-14 Shri Ganesh Sahakari Sakhar Karkhana Ltd., A/P. Ranjangaon Khurd, Tal.-Rahata, Dist.-Ahmednagar – 413719 Vs. Dcit, Ahmednagar Circle, Ahmednagar Pan : Aaeas0636H अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Hanmant Dattatry Dhavale Department By : Shri Amol Khairnar Date Of Hearing : 15-07-2025 Date Of Pronouncement : 18-08-2025 आदेश / Order Per Astha Chandra, Jm : The Above Four Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 20.12.2024 & 25.10.2024 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)"] Pertaining To Assessment Years ("Ays”) 2009-10 & 2010-11, 2012-13 & 2013-14 Respectively. For The Sake Of Convenience, All These Appeals Were Heard Together & Are Being Disposed Of By This Common Order. Ita No. 2510/Pun/2024 For Ay 2010-11 Is Taken Up As A Lead Case. 2

For Appellant: Shri Hanmant Dattatry DhavaleFor Respondent: Shri Amol Khairnar
Section 143(3)Section 144BSection 155(19)Section 254Section 40A(2)

Thus, the grounds of appeal filed by the appellant on this issue is partly allowed. 4. Dissatisfied, the assessee is in appeal before the Tribunal by raising the following grounds: "1. On the fact and in the circumstance of the case and in law of the learned NFAC Commissioner

Venkatraman Jayashree Priyadharshini, Chennai vs. ACIT, Ncc-3, Chennai

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

ITA 64/CHNY/2025[2015-16]Status: DisposedITAT Chennai18 Aug 2025AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.64/Chny/2025 िनधा"रण वष"/Assessment Year: 2015-16 Venkatraman Jayashree Vs. The Assistant Commissioner Of Priyadharshini, No. 8/5, Income Tax, Rajaji 1St Street, Lake Area, Non Corporate Circle 3(1), Nungambakkam, Chennai 600 034. Chennai. [Pan:Adapj3317L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, F.C.A. ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl.Cit सुनवाई की तारीख/ Date Of Hearing : 05.06.2025 घोषणा की तारीख /Date Of Pronouncement : 18.08.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 26.03.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2015-16. 2. The Assessee Raised 5 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Giving Relief To The Extent Of ₹.88,85,000/- Under Section 54 Of The Income Tax Act, 1961 [“Act” In Short]

For Appellant: Shri Y. Sridhar, F.C.AFor Respondent: Ms. R. Anita, Addl.CIT
Section 54Section 54F

long term capital gains at ₹.2,01,70,855/- by giving benefit to an extent of ₹.88,85,000/-. The assessee is in appeal before the Tribunal in challenging the quantum addition sustained by the ld. CIT(A) to an extent

Indira Devi, Chennai vs. ITO, Ncw-4(1), Chennai

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

ITA 1314/CHNY/2025[2017-18]Status: DisposedITAT Chennai18 Aug 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1314/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Indira Devi, Vs. The Income Tax Officer, No. 29/8, New No. 38-1-2, Non Corporate Ward 4(1), Kankar Street, Tondiarpet, Chennai. Chennai 600 081. [Pan:Abhpi3067M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Hitesh, Advocate For Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Ms. V. Supraja, Addl.Cit सुनवाई की तारीख/ Date Of Hearing : 16.07.2025 घोषणा की तारीख /Date Of Pronouncement : 18.08.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 26.03.2025 Passed By The Addl./Jcit(A)-7, Mumbai For The Assessment Year 2017-18. 2. The Assessee Raised 7 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Confirming The Addition Made By The Assessing Officer To 2

For Appellant: Shri Hitesh, Advocate for Shri D. Anand, AdvocateFor Respondent: Ms. V. Supraja, Addl.CIT
Section 143(3)

Officer to an extent of ₹.5,81,810.40 and partly allowed the appeal of the assessee. On being aggrieved, the assessee is in appeal before the Tribunal. 4. The ld. AR Shri Hitesh, C.A. submits that the assessee has deposited the said amount in her bank account which is reflected

Mahendra Singh Jain, Ghaziabad vs. ITO Ward-1(4), Ghaziabad

In the result, appeal of the assessee is allowed

ITA 3848/DEL/2025[2012-13]Status: DisposedITAT Delhi18 Aug 2025AY 2012-13

Bench: Shri Mahavir Singh, Hon’Bleasstt. Year : 2012-13 Mahendra Singh Jain, Vs. Income Tax Officer, Ch. No. 206-207, Ansal Satyam, Ward 1(4), Ghaziabad Rdc, Rajnagar, Ghaziabad (Pan: Afhpj7049A) (Appellant) (Respondent) Appellant By : Shri Akhilesh Kumar, Adv. & Shri Govil Aggarwal, Ca Respondent By : Shri Sangeet Sharma, Sr. Dr Date Of Hearing 06.08.2025 Date Of Pronouncement 06.08.2025 Order Per Mahavir Singh, Vp : This Appeal Has Been Filed By The Assessee Against The Order Dated 17.2.2025 Passed By The Addl./Jcit(A), Patnan For Ay 2012-13 On The Following Grounds:- 1. Because, The Order Of The Ld. Lower Authority Is Bad In Law & Against The Facts & Circumstance Of The Case. 2. Because, The Cit(A) Grossly Erred In Sustaining The Impugned Proceeding & Assessment Order Whereby All The Notices U/S. 142(1)/144 & Impugned Order Were Issued In The Name Of Deceased Person Against The Provisions Of Section 159 Of The Act Hence, The Order Is Null & Void.

For Appellant: Shri Akhilesh Kumar, Adv. &For Respondent: Shri Sangeet Sharma, Sr. DR
Section 142(1)Section 144Section 159

life savings. 2. At the outset, it is noticed that there is a delay of 43 days in filing the appeal before the Tribunal. After hearing both the sides and perusing the records, I am of the of the considered view that the reasonable cause for the same has been

Bhagwan Precision, Rohtak vs. Asstt. Commissioner of Income Tax, Rohtak

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

ITA 5174/DEL/2024[2017-18]Status: DisposedITAT Delhi18 Aug 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri S.Rifaur Rahmanbhagwan Precision, Vs. Acit, 35, Subhash Nagar, Model Town, Rohtak. Rohtak – 124 001 (Haryana). (Pan : Aajfb6625K) (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate Shri Ayush Garg, Ca Revenue By : Shri Rajesh Tiwari, Sr. Dr Date Of Hearing : 19.05.2025 Date Of Order : 18.08.2025 O R D E R Per S.Rifaur Rahman,Am: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Addl./Jcit (Appeals)-6, Chennai [“Ld. Jcit(A)”, For Short] Dated 28.09.2024 For The Assessment Year 2017-18. 2. At The Time Of Hearing, Ld. Ar Of The Assessee Brought To Our Notice Brief Fact Of The Case That Assessee Is A Firm Engaged In The Business Of Manufacturing & Sale Of Precision Turned Parts. The Works Of The Assessee Is At Industrial Part Iv, Plot No.9 V, Begampur (Haridwar)

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Shri Rajesh Tiwari, Sr. DR
Section 139Section 139(1)Section 139(5)Section 143(1)Section 234BSection 44ASection 80A(5)Section 80I

terms of the directions given in the said order. Being aggrieved by the said order, the assessee preferred an appeal before the Tribunal which was allowed by the Tribunal by virtue of the impugned order. The Tribunal took the view that the provisions of section 80- IA(7) with regard

Rajesh Singh Negi, Nanital vs. The Income Tax Officer Ward 2(3)(1) Nanital, Nanital

In the result, appeal of the assessee stands partly allowed

ITA 92/DDN/2025[2017-18]Status: DisposedITAT Dehradun14 Aug 2025AY 2017-18

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalincome Tax Officer, Rajesh Singh Negi, Ward-2(3)(1), House No.50, Vs. Nanital. Jind State, Ward No.3, Nainital, Uttarakhand-263136 Pan-Aakpn3462D (Appellant) (Respondent) Assessee By Shri Saurabh Gupta, Ca Department By Shri Aman Pal Singh, Jcit-Dr Date Of Hearing 07/08/2025 Date Of Pronouncement 14/08/2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (‘The Ld. Cit(A)’ For Short) In Appeal No. Nfac/2016-17/10008911 Dated 13.08.2024 For Assessment Year 2017-18. 2. At The Outset, From The Perusal Of The Appellate Order, It Is Seen That The Appeal Is Filed Delayed By 193 Days, For Which Delay Condonation Petition Along With An Affidavit Of Assessee Is Filed. In The Said Petition It Is Stated That The Assessee Was Under Bonafide Rajesh Singh Negi Vs. Ito Impression That The Counsel Of The Assessee Who Was Handling The Appeal Was Taken Care Of The Appellate Proceedings. However, Counsel Had Not Communicated The Status Of The Appeal, Therefore & When The Assessee Pursued Him, It Has Come To The Knowledge That The Appeal Was Already Dismissed Ex-Parte By Ld. Cit(A). Thus, The Delay In Filing The Appeal Before The Tribunal Had Occurred. It Was Further Submitted That The Delay Was Neither Intentional Nor Deliberate & Solely Due To The Failure On The Part Of The Counsel To Communicate The Status & Out Come Of The Appeal Before Cit(A) In Timely Manner, Therefore, The Assessee Requested For Condonation Of Delay. In This Regard Reliance Is Also Placed In The Case Of N. Balakrishnan Vs. M. Krishnamurthy [1998] 7 Scc 123 (Sc) & Collector Of Land Acquisition Vs. Mst. Katiji [1987] 167 Itr 471 (Sc).

come to the knowledge that the appeal was already dismissed ex-parte by ld. CIT(A). Thus, the delay in filing the appeal before the Tribunal had occurred. It was further submitted that the delay was neither intentional nor deliberate and solely due to the failure on the part

The Large Size Co-Op Society Limited, Kamavarapukota, West Godavari vs. Income-Tax Officer, Ward-1, Eluru

In the result, appeal filed by the assessee is allowed for statistical purposes as indicated herein above

ITA 420/VIZ/2025[2018-19]Status: DisposedITAT Visakhapatnam14 Aug 2025AY 2018-19

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अऩीऱ सं./ I.T.A. Nos. 418, 419 & 420/Viz/2025 (ननधधारण वषा / Assessment Years: 2015-16, 2016-17 & 2018-19) The Large Size Co-Op Society Ltd, Vs. Income Tax Officer, Kamavarapukota. Ward-1, Pan: Aadat0456D Eluru. (अऩीऱधथी/ Appellant) (प्रत्यथी/ Respondent) अऩीऱधथी की ओर से/ Appellant By : Sri I. Kama Sastry, Ca प्रत्यधथी की ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुनवधई की तधरीख / Date Of Hearing : 11/08/2025 घोषणध की तधरीख/Date Of : 14/08/2025 Pronouncement O R D E R Per Duvvuru Rl Reddy:

For Appellant: Sri I. Kama Sastry, CAFor Respondent: Dr. Aparna Villuri, Sr. Ar
Section 147Section 148Section 148A

outset, it is noticed from the record that there is a delay of 91 days in filing the present three appeals before the Tribunal and the assessee has filed an affidavit explaining the reasons, similar to the three appeals, which are extracted herein below: ITA Nos. 418, 419 & 420/Viz/2025 ... parte order and dismissed the appeal of the assessee. Aggrieved by the order of the Ld. CIT(A), the assessee is in appeal before the Tribunal by raising the following grounds of appeal: 7. At the outset, the Ld. AR submitted before us that the Ld. CIT (A) has passed

The Large Size Co-Op Society Ltd. Kamavarapukota, West Godavari vs. Income-Tax Officer, Ward-1, Eluru

In the result, appeal filed by the assessee is allowed for statistical purposes as indicated herein above

ITA 419/VIZ/2025[2016-17]Status: DisposedITAT Visakhapatnam14 Aug 2025AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अऩीऱ सं./ I.T.A. Nos. 418, 419 & 420/Viz/2025 (ननधधारण वषा / Assessment Years: 2015-16, 2016-17 & 2018-19) The Large Size Co-Op Society Ltd, Vs. Income Tax Officer, Kamavarapukota. Ward-1, Pan: Aadat0456D Eluru. (अऩीऱधथी/ Appellant) (प्रत्यथी/ Respondent) अऩीऱधथी की ओर से/ Appellant By : Sri I. Kama Sastry, Ca प्रत्यधथी की ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुनवधई की तधरीख / Date Of Hearing : 11/08/2025 घोषणध की तधरीख/Date Of : 14/08/2025 Pronouncement O R D E R Per Duvvuru Rl Reddy:

For Appellant: Sri I. Kama Sastry, CAFor Respondent: Dr. Aparna Villuri, Sr. Ar
Section 147Section 148Section 148A

outset, it is noticed from the record that there is a delay of 91 days in filing the present three appeals before the Tribunal and the assessee has filed an affidavit explaining the reasons, similar to the three appeals, which are extracted herein below: ITA Nos. 418, 419 & 420/Viz/2025 ... parte order and dismissed the appeal of the assessee. Aggrieved by the order of the Ld. CIT(A), the assessee is in appeal before the Tribunal by raising the following grounds of appeal: 7. At the outset, the Ld. AR submitted before us that the Ld. CIT (A) has passed