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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

Seikh Sultan Noor, Bhadrak vs. The Income Tax Officer, Bhadrak Ward, Bhadrak

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

ITA 752/CTK/2025[2014-15]Status: DisposedITAT Cuttack18 Feb 2026AY 2014-15

Bench: Shri George Mathan & Shri Madhusudan Sawdiaआयकर अपील सं/Ita No.752/Ctk/2025 ("नधा"रण वष" / Assessment Year : 2014-2015) Seikh Sultan Noor Vs Ito, Bhadrak Ward, At/P.O/P.S:- Kacheri Bazar, Bhadrak Dist:-Bhadrak, 756100 Pan No. : Acipn 8070 F (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri P.K.Mishra & Shri Narahari Swain, Advs राज"व क" ओर से /Revenue By : Shri Vijaya Singh, Sr Dr सुनवाई क" तार"ख / Date Of Hearing : 18/02/2026 घोषणा क" तार"ख/Date : 18/02/2026 Of Pronouncement आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Delhi In Appeal No.Cit(A), Cuttack/10462/2019-20 For The Assessment Year 2014-15. 2. Shri P.K.Mishra & Shri Narahari Swain, Ld Ars Appeared For The Assessee & Shri Vijaya Singh, Ld Sr Dr Appeared For The Revenue.

For Appellant: Shri P.K.Mishra and Shri Narahari SwainFor Respondent: Shri Vijaya Singh, Sr DR

assessee has filed an application for condonation of delay supported with an affidavit stating therein sufficient reasons for delay in filing the appeal before the Tribunal, which are not found to be false. Ld. Sr. DR did 2 not object to condone the delay. Accordingly, we condone the delay ... days in filing the appeal before the Tribunal and appeal of the assessee is admitted for hearing. 4. It was submitted by the ld. AR that the Assessing Officer and the ld. CIT(A) have dismissed the appeal of the assessee ex-parte. It was the prayer that the matter

Sarada Buildcon Private Limited, Jajpur vs. The Assistant Commissioner of Income Tax, Circle-1(1), Cuttack

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

ITA 728/CTK/2025[2006-07]Status: DisposedITAT Cuttack18 Feb 2026AY 2006-07

Bench: Shri George Mathan & Shri Madhusudan Sawdiaआयकर अपील सं/Ita No.728/Ctk/2025 ("नधा"रण वष" / Assessment Year : 2006-2007) Vs Acit, Circle-1(1), Cuttack Sarada Buildcon Private Limited, At -Plot No.1425, Bank Street, Jajpur Road, Jajpur-755019 Pan No. :Aahcs 7412 E (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri P.K.Mishra & Narahari Swain, Ars राज"व क" ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 18/02/2026 घोषणा क" तार"ख/Date Of Pronouncement : 18/02/2026 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 21.09.2025 For The Assessment Year 2006-2007. 2. The Appeal Of The Assessee Is Delayed By 13 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein Sufficient Reasons For Delay In Filing The Appeal Before The Tribunal, Which Are Not Found To Be False. Ld. Sr. Dr Did Not Object To Condone The Delay. Accordingly, We Condone The Delay Of 13 Days In Filing The Appeal Before The Tribunal & Appeal Of The Assessee Is Admitted For Hearing. 3. It Was Submitted By The Ld.Ar That The Assessment Order Is An Ex- Parte Order. The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee On Account Of Delay Of 3887 Days. It Was Submission That The Assesses’S

For Appellant: Shri P.K.Mishra & Narahari Swain, ARsFor Respondent: Shri Vijay Singh, Sr. DR
Section 144

assessee has filed an application for condonation of delay supported with an affidavit stating therein sufficient reasons for delay in filing the appeal before the Tribunal, which are not found to be false. Ld. Sr. DR did not object to condone the delay. Accordingly, we condone the delay ... days in filing the appeal before the Tribunal and appeal of the assessee is admitted for hearing. 3. It was submitted by the Ld.AR that the assessment order is an ex- parte order. The Ld. CIT(A) has dismissed the appeal of the assessee on account of delay

Tarashankar Das Reprsented Through His Legal Heir Kartik Chandra Das, Mayurbhanj vs. Income Tax Officer Ward-1, Baripada

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

ITA 556/CTK/2025[2017-18]Status: DisposedITAT Cuttack18 Feb 2026AY 2017-18

Bench: Shri George Mathan & Shri Madhusudan Sawdiaआयकर अपील सं/Ita No.556/Ctk/2025 ("नधा"रण वष" / Assessment Year : 2017-2018) Vs Ito Ward-1, Baripada Tarashankar Das Represented Through His Legal Heir Kartik Chandra Das, At-Ward No.10, Baripada, Lalbazar, Baripada, Dist-Mayurbhanj-757001 Pan No. :Acopd 0121 D (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri P.K.Mishra & Himanshu Jena, Ars राज"व क" ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 18/02/2026 घोषणा क" तार"ख/Date Of Pronouncement : 18/02/2026 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 08.07.2025 For The Assessment Year 2017-2018. 2. The Appeal Of The Assessee Is Delayed By 15 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein Sufficient Reasons For Delay In Filing The Appeal Before The Tribunal, Which Are Not Found To Be False. Ld. Sr. Dr Did Not Object To Condone The Delay. Accordingly, We Condone The Delay Of 15 Days In Filing The Appeal Before The Tribunal & Appeal Of The Assessee Is Admitted For Hearing.

For Appellant: Shri P.K.Mishra & Himanshu Jena, ARsFor Respondent: Shri Vijay Singh, Sr. DR

assessee has filed an application for condonation of delay supported with an affidavit stating therein sufficient reasons for delay in filing the appeal before the Tribunal, which are not found to be false. Ld. Sr. DR did not object to condone the delay. Accordingly, we condone the delay ... days in filing the appeal before the Tribunal and appeal of the assessee is admitted for hearing. 2 3. It was submitted by the ld. AR that the ld. CIT(A) has dismissed the appeal of the assessee ex-parte. It was the prayer that the matter may be restored