← All Phrases

“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 Shiridi Sai Seva Trust, Hyderabad vs. ITO., Exemption Ward-1(4), Hyderabad

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

ITA 856/HYD/2025[2025-26]Status: DisposedITAT Hyderabad06 Aug 2025AY 2025-26

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.856/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2025-26) Shri Shiridi Sai Seva Trust, Income Tax Officer (Exemption), Vs. Ward-1(4), Hyderabad. Hyderabad. Pan:Aacts3985J (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri B. Satyanarayana Murthy, C.A. रधजस् व द्वधरध/Revenue By:: Shri Narendra Kumar Naik, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 04/08/2025 घोर्णध की तधरीख/Pronouncement: 06/08/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Shiridi Sai Seva Trust (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Exemption), Hyderabad (“Ld. Cit(E)”), Dated 21.03.2025 For The A.Y. 2025-26. 2. The Assessee Has Raised The Following Grounds Of Appeal :

For Appellant: Shri B. Satyanarayana MurthyFor Respondent: : Shri Narendra Kumar Naik
Section 12ASection 12A(1)(ac)

incorrect section code while filing Form No. 10A. 4. Aggrieved by the rejection order of Ld. CIT(E) , the assessee is now in appeal before the Tribunal. The Learned Authorised Representative (“Ld. AR”) submitted that the assessee had been granted valid registration under section 12A of the Act since

Anantha Pvc Pipes Private Limited, Anantapur vs. ACIT., Circle-1, Kurnool

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

ITA 317/HYD/2025[2017-18]Status: DisposedITAT Hyderabad06 Aug 2025AY 2017-18

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.317/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2017-18) M/S. Anantha Pvc Pipes Pvt. Ltd., Asst. Commissioner Of Income Tax, Vs. Circle-1, Kurnool. Anantapur. Pan:Aagca0936J (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri T. Rajendra Prasad, C.A. & Shri P. Rosi Reddy, Advocate. रधजस् व द्वधरध/Revenue By:: Dr. Sachin Kumar, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 31/07/2025 घोर्णध की तधरीख/Pronouncement: 06/08/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By M/S. Anantha Pvc Pipes Pvt. Ltd. (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), Dated 25.07.2024 For The A.Y. 2017-18. 2. At The Outset, It Is Observed That There Is A Delay Of 147 Days In Filing The Present Appeal Before The Tribunal. In This Regard, The

For Appellant: Shri T. Rajendra Prasad, C.AFor Respondent: : Dr. Sachin Kumar, SR-DR

outset, it is observed that there is a delay of 147 days in filing the present appeal before the Tribunal. In this regard, the ITA No.317/Hyd/2025 2 assessee has filed a petition for condonation of delay accompanied by an affidavit explaining the reasons. The Learned Authorised Representative (“Ld. AR”) submitted ... only when its bank account was attached by the Revenue in January 2025, and thereafter, it immediately engaged legal counsel and filed the appeal before this Tribunal. The delay of 147 days, therefore, was neither intentional nor deliberate but due to circumstances beyond the control of the assessee. In support

Bigala Krishna Murthy Foundation, Hyderabad vs. CIT (Exemption), Hyderabad

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

ITA 11/HYD/2025[2024-25]Status: DisposedITAT Hyderabad06 Aug 2025AY 2024-25

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.11/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2024-25) M/S. Bigala Krishna Murthy Commissioner Of Income Tax Vs. (Exemption), Hyderabad. Foundation, Hyderabad. Pan:Aakcb1687M (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri M. Venkatram Reddy, Advocate रधजस् व द्वधरध/Revenue By:: Shri Narendra Kumar Naik, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 30/07/2025 घोर्णध की तधरीख/Pronouncement: 06/08/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By M/S. Bigala Krishna Murthy Foundaton (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Exemptions), Hyderabad (“Ld. Cit(E)”), Dated 24.10.2024 For The A.Y. 2024-25. Ita No.11/Hyd/2025 2

For Appellant: Shri M. Venkatram ReddyFor Respondent: : Shri Narendra Kumar Naik
Section 11Section 12ASection 2(15)

No.11/Hyd/2025 2 2. At the outset, it is seen that there is a delay of four days in filing the present appeal before this Tribunal. The assessee has filed a condonation petition explaining the reasons for the said delay. It has been submitted that while filing the online appeal before ... provisions of Section 12AB of the Act. 5. Aggrieved by the said rejection order of the Ld. CIT(E), the assessee is in appeal before this Tribunal. The Learned Authorised Representative (“Ld. AR”) submitted that the order passed by the Ld. CIT(E) is wholly non-speaking and has been