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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

Pethikuttai Thimmappa Gounder Nagarajan, Erode vs. ITO, Ward-2(1), Erode

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

ITA 1240/CHNY/2025[2019-20]Status: DisposedITAT Chennai30 Jun 2025AY 2019-20

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1240/Chny/2025 िनधा"रण वष"/Assessment Year: 2019-20 Pethikuttai Thimmappa Gounder Vs. The Income Tax Officer, Nagarajan, 101-A, Thanka Salai, Ward 2(1), Punjai Pulliyampatti, Erode 638 459. Erode. [Pan:Bbupn1447E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. S. Mathangi, Advocate ""थ" की ओर से/Respondent By : Shri Vijay Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 18.06.2025 घोषणा की तारीख /Date Of Pronouncement : 30.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 10.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2019-20. 2. The Assessee Raised 4 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Dismissing The Appeal As Inadmissible & Defective In The Facts & Circumstances Of The Case.

For Appellant: Ms. S. Mathangi, AdvocateFor Respondent: Shri Vijay Kumar, JCIT
Section 147

assessee as the appeal of the assessee is inadmissible and defective. On being aggrieved by the impugned order, the assessee is in appeal before the Tribunal. 4. The ld. AR Ms. S. Mathangi, Advocate drew our attention to e- Proceedings Response Acknowledgement No.855803171310125 as well as para

Johnson Paul Irene Paul, Hosur vs. ITO, Ward-1, Hosur

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

ITA 1230/CHNY/2025[2015-16]Status: DisposedITAT Chennai30 Jun 2025AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1230/Chny/2025 िनधा"रण वष"/Assessment Year: 2015-16 Johnson Paul Irene Paul, Vs. The Income Tax Officer, Plot No. 143, Sipcot Staff Housing Ward 1, Colony, Mookandapalli, Hosur. Hosur 635 126. [Pan:Abcpi4853J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Baskar, Advocate ""थ" की ओर से/Respondent By : Shri Vijay Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 18.06.2025 घोषणा की तारीख /Date Of Pronouncement : 30.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.03.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2015-16. 2. We Find That This Appeal Is Filed With A Delay Of 334 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Shri Vijay Kumar, JCIT
Section 143(3)

sufficient cause for the delay was shown by the assessee for the delay of 113 days. On being aggrieved, the assessee is in appeal before the Tribunal. 5. The ld. AR Shri G. Baskar, Advocate submits that delay in filing of appeal is mainly due to lockdown imposed

Banumathy Educational Service Trust, Thanjavur vs. ITO, Exemptions, Ward, Trichy

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

ITA 1228/CHNY/2025[2020-21]Status: DisposedITAT Chennai30 Jun 2025AY 2020-21

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1228/Chny/2025 िनधा"रण वष"/Assessment Year: 2020-21 Banumathy Educational Service Trust, Vs. The Income Tax Officer, Best Matriculation School, Mariamman Exemptions Ward, Koil Road, Bye Pass Rountana, Trichy. Thanjavur 613 001. [Pan:Aabtb6646G] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Vasudevan, Advocate ""थ" की ओर से/Respondent By : Shri Vijay Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 18.06.2025 घोषणा की तारीख /Date Of Pronouncement : 30.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 10.01.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2020-21. 2. We Find That This Appeal Is Filed With A Delay Of 30 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We

For Appellant: Shri T. Vasudevan, AdvocateFor Respondent: Shri Vijay Kumar, JCIT
Section 143(3)

assessee has no sufficient cause for not filing the same before the Assessing Officer. On being aggrieved, the assessee is in appeal before the Tribunal. 5. The ld. AR Shri T. Vasudevan, Advocate drew our attention to second para page 3 of the impugned order and submits that most

Sagar Shopping Developers, Santacruz East, Mumbai vs. Deputy Commissioner of Income Tax, Piramal Chambers, Mumbai

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

ITA 1793/MUM/2025[2016-17]Status: DisposedITAT Mumbai30 Jun 2025AY 2016-17

Bench: Smt. Beena Pillai & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 1793/Mum/2025 (नििाारण वर्ा / Assessment Year :2016-17) Sagar Shopping Developers V/S. Dcit Sagar Avenue 2, Opposite बिाम Piramal Chambers, Dr. Ss J. N. Road, Near Vikola Road Marg, Parel, Mumbai- Bridge, Santacruz East, 400012 Mumba, Maharashtra- 400055 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadfs1422M Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Anirudh Dave (Instructed By Piyush Agarwal) राजस्व की ओर से /Revenue By: Mr. Virabhadra S. Mahajan, Sr. Dr. स िवाई की िारीख / Date Of Hearing 25.06.2025 घोर्णा की िारीख/Date Of Pronouncement 30.06.2025 आदेश / O R D E R Per Renu Jauhri [A.M.] :- This Appeal Is Filed By The Assessee Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), Mumbai/National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”] Dated 30.01.2025 Passed U/S.

For Appellant: Shri Anirudh Dave (instructed by Piyush Agarwal)For Respondent: Mr. Virabhadra S. Mahajan, Sr
Section 147Section 148Section 69

dismissed the appeal vide order dated 30.01.2025. 5. Aggrieved with the order of Ld. CIT(A), the assessee has preferred an appeal before the Tribunal. P a g e | 3 A.Y. 2016-17 Sagar Shopping Developers 6. At the outset, Ld. AR submitted that the assessee was unable to make