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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

Sanjukta Varanasi, Visakhapatnam vs. Income Tax Officer, Ward-1(3), Visakhapatnam

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

ITA 225/VIZ/2025[2017-18]Status: DisposedITAT Visakhapatnam10 Jul 2025AY 2017-18

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.225/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2017-18) Vs. Income Tax Officer-Ward – 1(3) Sanjukta Varanasi D.No. 49-46-4/30 Income Tax Office Ramakrishna Nagar Pratyakshakar Bhavan Near Jaggarao Bridge Mvp Double Road Akkayyapalem Visakhapatnam – 530017 Visakhapatnam – 530016 Andhra Pradesh Andhra Pradesh [Pan:Afspv9008E] (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Shri Gvn Hari, Advocate राजस्व का प्रतततितित्व/ Department Represented By : Dr. Aparna Villuri, Sr. Ar

Section 142(1)Section 144Section 69A

outset, it is noticed from the appeal record that there is a delay of 166 days in filing the appeal before the Tribunal. Explaining the reasons for belated filing of the appeal, the Ld. AR drew our attention to the affidavit filed by the assessee along with a petition seeking ... beyond the prescribed time limit with a delay of 166 days. Therefore, we hereby condone the delay of 166 days in filing the appeal before the Tribunal and proceed to adjudicate the appeal on merits in the following paragraphs. 4. Brief facts of the case are that, assessee during

Britg Foundation, Vizianagaram vs. Commissioner of Income-Tax (Exemptions), Hyderabad

In the result, appeal is allowed for statistical purposes

ITA 208/VIZ/2025[2022-23 to 2026-27]Status: DisposedITAT Visakhapatnam10 Jul 2025

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.208/Viz/2025 (निर्धारण वर्ा/ Assessment Years: 2022-23 To 2026-27) Britg Foundation V. Commissioner Of Income Tax (Exemptions) 22-14-12, Kotlamadappa Street Aaykar Bhawan, Opp. L.B. Stadium Vizianagaram H.O. Basheer Bagh, Hyderabad – 500004 Telangana Vizianagaram – 535002 Andhra Pradesh [Pan:Aaetb5357K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Shri C. Sanjeevarao, Advocate राजस्व का प्रतततितित्व/ Department Represented By : Dr.Satyasai Rath, Cit(Dr)

Section 12Section 12ASection 12A(1)(ac)

outset, it is noticed from the appeal record that there is a delay of 90 days in filing the appeal before the Tribunal. Explaining the reasons for belated filing of the appeal, the Ld. AR drew our attention to the affidavit filed by the assessee along with a petition seeking ... I.T.A.No.208/VIZ/2025 BRITG FOUNDATION limit with a delay of 90 days. Therefore, we hereby condone the delay of 90 days in filing the appeal before the Tribunal and proceed to adjudicate the appeal on merits in the following paragraphs. 4. Brief facts of the case are, assessee filed

Integra Automation Private Limited, Coimbatore vs. Corporate Circle 1(1) Che, Chennai

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

ITA 1091/CHNY/2025[2018-2019]Status: DisposedITAT Chennai10 Jul 2025AY 2018-2019

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1091/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Integra Automation Private Vs. The Assistant Commissioner Of Limited, Sf 238, Kurunallipalayam Income Tax, Village, Kinathukadavu, Negamam S.O. Corporate Circle 1(1), Emmegoundenpalayam, Coimbatore. Coimbatore 642 120. [Pan:Aaaci7412H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri B. Sivaraman, C.A. ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 02.07.2025 घोषणा की तारीख /Date Of Pronouncement : 10.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2018-19. 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 2

For Appellant: Shri B. Sivaraman, C.AFor Respondent: Ms. R. Anita, Addl. CIT
Section 143(3)Section 69A

before the Assessing Officer, the ld. CIT(A) confirmed the addition made in the assessment order. On being aggrieved, the assessee is in appeal before the Tribunal. 5. The ld. AR Shri B. Sivaraman, C.A. drew our attention to para 7.2 at page 6 of the impugned order and submits

Varatharaj Venugopal, Tirupur vs. ITO, Ward-1(1), Tirupur

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

ITA 1058/CHNY/2025[2018-19]Status: DisposedITAT Chennai10 Jul 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1058/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Varatharaj Venugopal, Vs. The Income Tax Officer, 13, Thiruvalluvar Nagar 4Th St., Ward 1(1), Nesavalar Colony, East P.N. Road, Tiruppur. Tirupur 641 602. [Pan:Aylpv5231F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Raghavan, Advocate (Virtual) For Shri R.C. Sachin, C.A. ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 02.07.2025 घोषणा की तारीख /Date Of Pronouncement : 10.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2018-19. 2. The Assessee Raised 2 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

For Appellant: Shri Raghavan, Advocate (virtual) for Shri R.C. Sachin, C.AFor Respondent: Ms. R. Anita, Addl. CIT
Section 144Section 147Section 148Section 148ASection 69

that the same were not furnished before the Assessing Officer. Aggrieved by the order of the ld. CIT(A), the assessee is in appeal before the Tribunal. 4. The ld. AR Shri Raghavan, Advocate submits that non-response to the notices issued by the Assessing Officer is neither deliberate