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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

Maisali Samabay Krishi Unnayan Samity Ltd., Contai, East Medinipore vs. I.T.O., Ward - 27(2), Haldia

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

ITA 1666/KOL/2024[2018-2019]Status: DisposedITAT Kolkata04 Aug 2025AY 2018-2019

Bench: Shri George Mathanआयकर अपील सं/Ita No.1666/Kol/2025 (नििाारण वर्ा / Assessment Year. :2018-2019) Maisali Samabay Krishi Unnayan Vs Adit, Cpc, Bangalore Samity Limited, C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor Kolkata-700069 Pan No. : Aadam 3104 B (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Siddharth Agrawal, Advocate राजस्व की ओर से /Revenue By : Shri Mrinmoy Basak, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 04/08/2025 घोषणा की तारीख/Date Of Pronouncement : 04/08/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2018-2019. 2. Shri Siddharth Agrawal, Ld. Ar Appeared On Behalf Of The Assessee & Shri Mrinmoy Basak, Ld. Sr.Dr Appeared On Behalf Of The Revenue. 3. The Appeal Of The Assessee Is Barred By 1155 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein That Sri Bhaskar Chandra Patra, Who Used To Look After The Income Tax Matter Of The Assessee Was Suffering From Jaundice & Remained Absent From Office Of The Assessee For A Long Time & When He Joined To Office, There Was Already Delay In Filing The Appeal Against The Order Of The Ld. Cit(A) Before The Tribunal. The Contents Of The Affidavit Are As Under :-

For Appellant: Shri Siddharth Agrawal, AdvocateFor Respondent: Shri Mrinmoy Basak, Sr. DR

that the reasons given in the affidavit for delay are plausible and not found to be false. Accordingly, the delay in filing the appeal before the Tribunal is condoned and the appeal is admitted for hearing. 6. During the course of hearing, it was submitted by the ld. AR that

Assistant Commissioner of Income Tax, Circle-25(1), Delhi vs. Unison Hotels Private Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 4471/DEL/2024[2014-15]Status: DisposedITAT Delhi04 Aug 2025AY 2014-15

Bench: Ms.Madhumita Roy & Shri Manish Agarwal[Assessment Year : 2014-15] Acit, Vs Unison Hotels Pvt.Ltd., Cirlce-25(1), Plot No.2, Nelson Mandela Road, Delhi Vasant Kunj, Phase-2Nd, New Delhi-110070. Pan-Aaacu0455C Appellant Respondent Revenue By Shri Virender Kumar Singh, Sr.Dr Assessee By Ms. Kavita Jha, Sr.Adv., Shri Himanshu Agarwal, Adv. & Shri Akash Shukla, Adv. Date Of Hearing 06.05.2025 Date Of Pronouncement 04.08.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Revenue Against The Order Dated 12.08.2024 Passed By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] In Appeal No. Cit(A), Delhi-8/10712/2016-17 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Order Dated 23.12.2016 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2014-15. 2. Brief Facts Of The Case Are That The Assessee Is A Private Limited Company & Is Running Hotels. The Return Of Income Was E-Filed On 29.11.2014, Declaring Total Income At Inr 7,21,35,196/-. The Case Was Selected For Scrutiny Under Cass By Way Of Issue Of Notice U/S 143(2) Of The Act On 01.09.2015. Thereafter, Various Notices Were Issued From Time To Time & Submissions Were Taken From The Assessee & Finally, The Assessment Was Completed At An Income Of Inr 30,38,83,394/- By Making Various Additions/Disallowances.

Section 143(2)Section 143(3)Section 14ASection 250Section 36(1)(vii)

grant substantial relief to the assessee. 4. Aggrieved by the order of Ld. CIT(A), the Revenue is in appeal before the Tribunal, by taking following grounds of appeal:- 1. “Whether, on the facts and circumstances of the case and in law the Ld. CIT(A), NFAC has erred

National Womens Organisation, Pune vs. Commisioner of Income Tax Exemption, Pune

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

ITA 819/PUN/2025[2023-2024]Status: DisposedITAT Pune01 Aug 2025AY 2023-2024

Bench: Shri Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita No.819/Pun/2025 National Womens Organisation, Cit (Exemption), Pune B 16, Shanti Vihar, Bhavdan, Pune-411021 Vs. Pan : Aaatn4537H अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Smt. Shweta Joshi Department By : Shri Amol Khairnar Date Of Hearing : 21-07-2025 Date Of 01-08-2025 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 30.09.2022 Of The Ld. Commissioner Of Income Tax (Exemption), Pune [“Cit(E)”] Whereby He Rejected The Application Of The Assessee Filed Before Him On 31.03.2022 In Form No. 10Ab Under Clause (Iii) Of Section 12A(1)(Ac) Of The Income Tax Act, 1961 (The “Act”).

For Appellant: Smt. Shweta JoshiFor Respondent: Shri Amol Khairnar
Section 12ASection 12A(1)(ac)Section 143(3)

Income Tax Act, 1961 (the “Act”). 2. There is a delay of 847 days in filing of this appeal before the Tribunal for which the assessee has filed an affidavit explaining the reasons for such delay. He submitted that the delay is not intentional and is a bonafide ... have heard the rival contentions and perused the record. It is an admitted fact that there is substantial delay in filing of the appeal before the Tribunal. The Ld. Counsel for the assessee has filed an affidavit of the assessee stating the reason for such delay which are as under

Mahesh Kumar Jain, Hyderabad vs. DCIT., Central Circle - 3(3), Hyderabad

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

ITA 813/HYD/2025[2017-2018]Status: DisposedITAT Hyderabad01 Aug 2025AY 2017-2018

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.813/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2017-18) Shri Mahesh Kumar Jain, Dy. Commissioner Of Income Tax, Vs. Central Circle 3(3), Hyderabad. Hyderabad. Pan:Afhpm6964R (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri C.Raj Kumar, C.A. रधजस् व द्वधरध/Revenue By:: Dr. Sachin Kumar, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 28/07/2025 घोर्णध की तधरीख/Pronouncement: 01/08/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Mahesh Kumar Jain (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), Hyderabad (“Ld. Cit(A)”), Dated 24.04.2025 For The A.Y. 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal :

For Appellant: Shri C.Raj Kumar, C.AFor Respondent: : Dr. Sachin Kumar, SR-DR
Section 139(1)Section 153CSection 69C

Rs.1,62,345/- as suppressed gross profit. 5. Aggrieved by the order of Ld. CIT(A), the assessee is in appeal before the Tribunal. At the outset, the Learned Authorised Representative (Ld. AR) submitted that two principal issues are involved in the present appeal i.e. (a) Firstly

Joint Commissioner of Income Tax (OSD), Corporate Circle-1, Coimbatore vs. Zf Wind Power Coimbatore Private Limited, Coimbatore

ITA 246/CHNY/2025[2013]Status: DisposedITAT Chennai01 Aug 2025

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 245 & 246/Chny/2025 निर्धारण वर्ष/Assessment Years:2012-13 & 2013-14 & C.Ο No.21/Chny/2025 [In I.T.A. No.245/Chny/2025] The Joint Commissioner Of Income Tax (Osd), Corporate Circle 1, Coimbatore Vs. Zf Wind Power Coimbatore Pvt. Ltd., Plot No.3, Hi Tech Engineering & Service Sector Sez, Annur Road, Village Kittampalayam & Karumathampatty, Coimbatore – 641 659. (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent/Cross Objector) राजस्व की ओर से /Revenue By : Shri P.K. Senthil Kumar, Addl.Cit निर्धारिती की ओर से/Assessee By : Shri Ashik Shah, Ca & Ms. Soundariya, Ca सुनवाई की तारीख/Date Of Hearing : 15.07.2025 घोषणा की तारीख/Date Of Pronouncement : 01.08.2025 आदेश /O R D Er Per George George K: These Appeals Filed By The Revenue Are Directed Against Two Orders Of The Commissioner Of Income Tax (Appeals), Chennai-16 Both Dated 28.11.2024 Passed U/S.250 Of The Income Tax Act (Hereinafter The 'Act'). The Relevant Assessment Years Are 2012-13 & 2013-14. The Assessee Has Also Filed Cross Objection For

For Appellant: Shri Ashik Shah, CA &For Respondent: Shri P.K. Senthil Kumar, Addl.CIT
Section 143(2)Section 144C(4)Section 250Section 92C

FCCDs. Accordingly, Ground No.8 & 9 are partly allowed.” 7. Aggrieved by the order of the CIT(A), the Revenue has filed the present appeal before the Tribunal. The grounds raised by the Revenue read as follows:- 1. The order of Ld. CIT(A) is against the facts and circumstances

Joint Commissioner of Income Tax (OSD), Corporate Circle-1, Coimbatore vs. Zf Wind Power Coimbatore Private Limited, Coimbatore

ITA 245/CHNY/2025[2012]Status: DisposedITAT Chennai01 Aug 2025

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 245 & 246/Chny/2025 निर्धारण वर्ष/Assessment Years:2012-13 & 2013-14 & C.O No.21/Chny/2025 [In I.T.A. No.245/Chny/2025] The Joint Commissioner Of Income Tax (Osd), Corporate Circle 1, Coimbatore Vs. Zf Wind Power Coimbatore Pvt. Ltd., Plot No.3, Hi Tech Engineering & Service Sector Sez, Annur Road, Village Kittampalayam & Karumathampatty, Coimbatore – 641 659. (अपीलार्थी/Appellant) राजस्व की ओर से /Revenue By निर्धारिती की ओर से/Assessee By सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement Pan: Aabch 8089G (प्रत्यर्थी/Respondent/Cross Objector) : Shri P.K. Senthil Kumar, Addl.Cit : Shri Ashik Shah, Ca & Ms. Soundariya, Ca : 15.07.2025 : 01.08.2025 आदेश /Order Per George George K: These Appeals Filed By The Revenue Are Directed Against Two Orders Of The Commissioner Of Income Tax (Appeals), Chennai-16 Both Dated 28.11.2024 Passed U/S.250 Of The Income Tax Act (Hereinafter The 'Act'). The Relevant Assessment Years Are 2012-13 & 2013-14. The Assessee Has Also Filed Cross Objection For

Section 143(2)Section 144C(4)Section 250Section 92C

FCCDs. Accordingly, Ground No.8 & 9 are partly allowed.” 7. Aggrieved by the order of the CIT(A), the Revenue has filed the present appeal before the Tribunal. The grounds raised by the Revenue read as follows:- 1. The order of Ld. CIT(A) is against the facts and circumstances