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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

Kalpana Ravikumar, Chennai vs. ITO, Ncw-8(40, Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1320/CHNY/2025[2012-13]Status: DisposedITAT Chennai18 Jul 2025AY 2012-13

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1320/Chny/2025 िनधा"रण वष"/Assessment Year: 2012-13 Kalpana Ravikumar, Vs. The Income Tax Officer, No. 78, Block 2, 2Nd Floor, Non Corporate Ward 8(4), Bbc City Paark, No. 76, Anna Salai, Chennai. Chinna Porur, Chennai 600 116. [Pan:Aiupr6455L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Raghav Rajeev Menon, 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 : 18.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.02.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2012-13. 2. We Find That This Appeal Is Filed With A Delay Of 372 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit As 2

For Appellant: Shri Raghav Rajeev Menon, AdvocateFor Respondent: Ms. V. Supraja, Addl.CIT
Section 148Section 250Section 54

26AS and adopt the figure of interest and partly allowed the appeal of the assessee. On being aggrieved, the assessee is in appeal before the Tribunal. 4 I.T.A. No.1320/Chny/25 7. The ld. AR Shri Raghav Rajeev Menon, Advocate drew our attention to second para of the assessment order and submits

Virutcham Micro Finance Ltd., Madurai vs. ITO, Corp. Circle.2, Madurai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1313/CHNY/2025[2017-18]Status: DisposedITAT Chennai18 Jul 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1313/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Virutcham Micro Finance Limited, Vs. The Assistant Commissioner Of C-50, Gurudev Nagar, Avaniyapuram Income Tax, Bypass Road, Madurai 625 002. Corporate Circle 2, Madurai. [Pan:Aaccv9529Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""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 : 18.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.03.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2017-18. 2. When The Appeal Was Taken Up For Hearing On 16.07.2025, We Find No Representation On Behalf Of The Assessee. Further, On Perusal Of The Record, We Find That The Notice Issued On 18.06.2025 Returned

For Appellant: NoneFor Respondent: Ms. V. Supraja, Addl.CIT
Section 115BSection 115JSection 4Section 68

submitted any reply except for seeking adjournment even after 5 years of filing the appeal. On being aggrieved, the assessee is in appeal before the Tribunal. 5. Heard the ld. DR and perused the material available on record. In the grounds of appeal, the assessee has contended that the addition

Lakshmanan, Karthik vs. Assistant Commissioner, Salem

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1309/CHNY/2025[2023-24]Status: DisposedITAT Chennai18 Jul 2025AY 2023-24

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1309/Chny/2025 िनधा"रण वष"/Assessment Year: 2023-24 Lakshmanan Karthik, Vs. The Assistant Commissioner Of 5-82/Na, South Veethi, Income Tax, Thammampatty Main Road, Ward 1 Attur T.K., Salem 636 107. Salem. [Pan:Dpspk6889B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. Subhashini Ganapathy, Ca ""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 : 18.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.02.2024 Passed By The Addl/Jcit(A)-6, Kolkata For The Assessment Year 2023-24. 2. We Find That This Appeal Is Filed With A Delay Of 6 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit As Well As Medical Reports, We Find The Reasons Stated By The Assessee Are 2

For Appellant: Ms. Subhashini Ganapathy, CAFor Respondent: Ms. V. Supraja, Addl.CIT
Section 143(1)Section 40

rejecting the submissions of the assessee as well as evidence placed 3 I.T.A. No.1309/Chny/25 on record. On being aggrieved, the assessee is in appeal before the Tribunal. 5. The ld. AR Ms. Subhashini Ganapathy, CA submits that the addition made by the Assessing Officer is not maintainable. She drew