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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

Ashokkumar Bhulabhai Rathod, Mahuva vs. NFAC, Delhi Current Jurisdiction - ITO Ward 1 Bardoli, Bardoli

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

ITA 1255/SRT/2024[2015-16]Status: DisposedITAT Surat19 Jun 2025AY 2015-16

Bench: Shri Tr Senthil Kumar & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.1253 To 1255/Srt/2024 Assessment Years: 2013-14 To 2015-16) (Hybrid Hearing) Ashokkumar Bhulabhai Rathod Nfac, Delhi Current Opp. Reliance Tower, Vs Jurisdiction-Income Tax Officer, Karcheliya, Mahuva-394 240 . Ward No.1, Bardoli, Income-Tax Office, 2Nd Floor, Opp. Jalaram Temple, Station Road, Bardoli- 394 601 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Abxpr 3858 F (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Rasesh Shah, Ca राज" की ओर से /Respondent By Ms. Neerja Sharma, Sr-Dr सुनवाई की तारीख/Date Of Hearing 07/05/2025 उद्घोषणा की तारीख/Date Of Pronouncement 19/06/2025 आदेश / O R D E R Per Bench: These Three Appeals By The Assessee Emanate From The Separate Orders Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, ‘The Act’) All Dated 30.09.2024 By The National Faceless Appeal Centre (Nfac),Delhi/Commissioner Of Income-Tax (Appeals) [In Short, ‘Nfac/Ld. Cit(A)’] For The Assessment Years (Ay) 2013-14, 2014-15 & 2015-16, Which In Turn Arose Out Of Separate Assessment Orders Passed By Assessing Officer (In Short, ‘Ao’) U/S 147 R.W.S. 144 R.W.S. 144B Of The Act Dated 24.05.2023, 18.05.2023 & 19.05.2023. Since Facts Are Same Except Variance Of Amounts, With Consent Of The Parties, The Appeals Were Heard Together & A Common

Section 147Section 148Section 148ASection 250Section 69A

addition made by the AO and dismissed the appeal. 5. Further aggrieved by the order of CIT(A), the assessee has filed present appeal before the Tribunal. The Ld. AR submitted that the notices were issued in wrong e-mail address i.e., dipal_it_shah@yahoo.in instead of drashokrathod42@gmail.com mentioned in Form

Ashokkumar Bhulabhai Rathod, Mahuva vs. NFAC, Delhi Current Jurisdiction - ITO Ward - 1, Bardoli

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

ITA 1254/SRT/2024[2014-15]Status: DisposedITAT Surat19 Jun 2025AY 2014-15

Bench: Shri Tr Senthil Kumar & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.1253 To 1255/Srt/2024 Assessment Years: 2013-14 To 2015-16) (Hybrid Hearing) Ashokkumar Bhulabhai Rathod Nfac, Delhi Current Opp. Reliance Tower, Vs Jurisdiction-Income Tax Officer, Karcheliya, Mahuva-394 240 . Ward No.1, Bardoli, Income-Tax Office, 2Nd Floor, Opp. Jalaram Temple, Station Road, Bardoli- 394 601 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Abxpr 3858 F (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Rasesh Shah, Ca राज" की ओर से /Respondent By Ms. Neerja Sharma, Sr-Dr सुनवाई की तारीख/Date Of Hearing 07/05/2025 उद्घोषणा की तारीख/Date Of Pronouncement 19/06/2025 आदेश / O R D E R Per Bench: These Three Appeals By The Assessee Emanate From The Separate Orders Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, ‘The Act’) All Dated 30.09.2024 By The National Faceless Appeal Centre (Nfac),Delhi/Commissioner Of Income-Tax (Appeals) [In Short, ‘Nfac/Ld. Cit(A)’] For The Assessment Years (Ay) 2013-14, 2014-15 & 2015-16, Which In Turn Arose Out Of Separate Assessment Orders Passed By Assessing Officer (In Short, ‘Ao’) U/S 147 R.W.S. 144 R.W.S. 144B Of The Act Dated 24.05.2023, 18.05.2023 & 19.05.2023. Since Facts Are Same Except Variance Of Amounts, With Consent Of The Parties, The Appeals Were Heard Together & A Common

Section 147Section 148Section 148ASection 250Section 69A

addition made by the AO and dismissed the appeal. 5. Further aggrieved by the order of CIT(A), the assessee has filed present appeal before the Tribunal. The Ld. AR submitted that the notices were issued in wrong e-mail address i.e., dipal_it_shah@yahoo.in instead of drashokrathod42@gmail.com mentioned in Form

Ashokkumar Bhulabhai Rathod, Mahuva vs. NFAC, Delhi Current Jurisdiction - ITO Ward 1, Bardoli

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

ITA 1253/SRT/2024[2013-14]Status: DisposedITAT Surat19 Jun 2025AY 2013-14

Bench: Shri Tr Senthil Kumar & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.1253 To 1255/Srt/2024 Assessment Years: 2013-14 To 2015-16) (Hybrid Hearing) Ashokkumar Bhulabhai Rathod Nfac, Delhi Current Opp. Reliance Tower, Vs Jurisdiction-Income Tax Officer, Karcheliya, Mahuva-394 240 . Ward No.1, Bardoli, Income-Tax Office, 2Nd Floor, Opp. Jalaram Temple, Station Road, Bardoli- 394 601 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Abxpr 3858 F (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Rasesh Shah, Ca राज" की ओर से /Respondent By Ms. Neerja Sharma, Sr-Dr सुनवाई की तारीख/Date Of Hearing 07/05/2025 उद्घोषणा की तारीख/Date Of Pronouncement 19/06/2025 आदेश / O R D E R Per Bench: These Three Appeals By The Assessee Emanate From The Separate Orders Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, ‘The Act’) All Dated 30.09.2024 By The National Faceless Appeal Centre (Nfac),Delhi/Commissioner Of Income-Tax (Appeals) [In Short, ‘Nfac/Ld. Cit(A)’] For The Assessment Years (Ay) 2013-14, 2014-15 & 2015-16, Which In Turn Arose Out Of Separate Assessment Orders Passed By Assessing Officer (In Short, ‘Ao’) U/S 147 R.W.S. 144 R.W.S. 144B Of The Act Dated 24.05.2023, 18.05.2023 & 19.05.2023. Since Facts Are Same Except Variance Of Amounts, With Consent Of The Parties, The Appeals Were Heard Together & A Common

Section 147Section 148Section 148ASection 250Section 69A

addition made by the AO and dismissed the appeal. 5. Further aggrieved by the order of CIT(A), the assessee has filed present appeal before the Tribunal. The Ld. AR submitted that the notices were issued in wrong e-mail address i.e., dipal_it_shah@yahoo.in instead of drashokrathod42@gmail.com mentioned in Form