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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

Swelect Energy Systems Limited Formerly Swelect Solar Energy Private Limited, Chennai vs. Income Tax Officer Corp Ward 6 (4), Chennai

ITA 472/CHNY/2025[2014-15]Status: DisposedITAT Chennai16 Jun 2025AY 2014-15

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita No.:472/Chny/2025 निर्धारण वर्ष/Assessment Year:2014-15 Swelect Energy Systems Limited, The Income Tax Officer, Formerly Swelect Solar Energy Pvt. Vs. Corporate Ward 6(4) Ltd., Chennai. 'Swelect House', No.5, P.S. Sivasamy Salai, Mylapore, Chennai – 600 004. (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Pan: Aadcn 3843J अपीलार्थी की ओर से/Appellant By : Shri Suhrith Parthasarathy, Advocate (Through Virtual Mode) प्रत्यर्थी की ओर से/Respondent By : Ms. Sita Krishnamoorthy, Jcit सुनवाई की तारीख/Date Of Hearing : 12.06.2025 घोषणा की तारीख/Date Of Pronouncement : 16.06.2025 आदेश /O R Der Per George George K: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of Addl/Jcit(A)-3, Delhi Dated 18.12.2024, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called 'The Act'). The Relevant Assessment Year Is 2014-15.

For Appellant: Shri Suhrith Parthasarathy, AdvocateFor Respondent: Ms. Sita Krishnamoorthy, JCIT
Section 143(3)Section 14ASection 250

exempt income during the relevant assessment year. ITA No.472/CHNY/2025 5. Aggrieved by the order of the FAA, the assessee has filed the present appeal before the Tribunal. The Ld.AR submitted that for the relevant assessment year namely 2014-15, the amendment/insertion of Explanation to Section 14A of the Act vide

Cud Dt Public Health Dept Emp Co Op Society by Fc, Cuddalore vs. AO, Cuddalore

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

ITA 471/CHNY/2025[2019-20]Status: DisposedITAT Chennai16 Jun 2025AY 2019-20

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita No.:471/Chny/2025 िनधा"रण वष"/Assessment Year:2019-20 M/S. Cud Dt Public Health Dept. The Income Tax Officer, Emp. Co-Op Society By Fc, Vs. Ward 2, No.4, Appavu Street, Cuddalore. Pudupallayam, Cuddalore H.O., Cuddalore – 607 001. Pan: Aacac 9724A (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri G. Reddi Prakash, Ca ""यथ" क" ओर से/Respondent By : Ms. Sita Krishnamoorthy, Jcit सुनवाई क" तारीख/Date Of Hearing : 12.06.2025 घोषणा क" तारीख/Date Of Pronouncement : 16.06.2025

For Appellant: Shri G. Reddi Prakash, CAFor Respondent: Ms. Sita Krishnamoorthy, JCIT
Section 119(2)(b)Section 139(1)Section 143(1)Section 250Section 80P

interest of substantial justice. 3. On perusal of the same, we find there is sufficient reason for delay in filing this appeal before the Tribunal. Hence, we condone the delay in filing the appeal and proceed to dispose off the appeal on merits. 4. Brief facts of the case ... assessee, the FAA confirmed the order of the AO. 6. Aggrieved by the order of the FAA, the assessee has filed the present appeal before the Tribunal. The Ld.AR submitted that since the co-operative audit was not completed till the due date for filing the return of income

The Staff Gratuity Fund of the Maharashtra State Co Op Cotton Growers Markd, Mumbai vs. Principal Commissioner of Income Tax Range 17, Mumbai

In the result, appeal is dismissed

ITA 3162/MUM/2025[2024-25]Status: DisposedITAT Mumbai16 Jun 2025AY 2024-25

Bench: Shri Saktijit Dey, Vp & Shri N.K. Billaiya, Am The Staff Gratuity Fund Of The Pcit, Maharashtra State Co-Opp. Cotton Range 17, Growers Marked, Mumbai [Jurisdictional 201, Jolly Bhavan No.2, 2Nd Floor, 7 Commissioner For Issuing New Marine Lines, Churchgate, Exemption Certificate U/S Vs. Mumbai 10(25)(Iv)]. Room No.120, 1St Floor, Kautilya Bhavan G Block, Bandra Kurla Complex, Bandra (East), Mumbai (Appellant) : (Respondent) Pan No. Aaatt 8512G Appellant By : Shri Gautam Ghokhale Respondent By : Ms. Kavitha Kaushik (Sr Dr) (Appellant) (Respondent)

For Appellant: Shri Gautam GhokhaleFor Respondent: Ms. Kavitha Kaushik (Sr DR)
Section 10(25)(iv)Section 253

Staff Gratuity Fund of the Mahrashtra 2. At the outset, parties were heard on the preliminary issue of maintainability of the appeal before the Tribunal. On careful perusal of Section 253 of the Act, we were unable to locate any provision vesting right to appeal against an order passed ... specific query being made, learned counsel appearing for the assessee could not provide any satisfactory reply regarding maintainability of the present appeal before the Tribunal. Since, the order appealed against is not an appealable order before the Tribunal in terms with Section 253 of the Act, we decline to entertain

M/S. B.R. Dutta, Rampurhat, Birbhum vs. I.T.O., Ward - 3(1), Suri

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

ITA 29/KOL/2025[2014-2015]Status: DisposedITAT Kolkata13 Jun 2025AY 2014-2015

Bench: Shri Duvvuru Rl Reddym/S B R Dutta Vs Ito, Ward-3(1), Suri-731101 Shibtalla Para, Rampurhat, Birbhum-731224 Pan No. :Aahfb 7626 E (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri A.K.Tibrewal, Ar रधजस्व की ओर से /Revenue By : Shri Kallol Mistry, Jcit, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 23/04/2025 घोषणा की तारीख/Date Of Pronouncement : 13/06/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dated 08.11.2024 Passed For Assessment Year 2014-15, On The Following Grounds Of Appeal :- 1. That The Ld. Commissioner Of Income Tax (Appeals), Nfac Erred In Confirming The Disallowance Of Rs. 13,60,796 Made By Ld. Income Tax Officer, Ward 3(1), Suri Invoking The Provisions Of Section 40(A)(Ia) Of The Income Tax Act, 1961 For Failure Of The Assessee To Deduct Tax At Source On The Payments Made To Tata Capital Financial Services Limited Although The Said Tata Capital Financial Services Limited Had Declared The Receipt Of Income In Their Return Of Income & Paid Taxes Thereon. 2. That The Impugned Order Passed By Ld. Commissioner Of Income Tax (Appeals) Is Against Law & Facts Of The Case. 2. Brief Facts Of The Case Are That Assessee Was Filed Return Of Income Declaring A Total Income Of Rs.3,90,520/-. The Assessee Is A Wholesaler/Distributor Of Fertilizer, Pesticides & Maintains Regular Books Of A/Cs. Which Is Audited U/S. 44Ab Of The 1.T. Act, 1961. The Assessee Has Debited As Amount Of 13,60,796/- To The Profit & Loss A/C. For Payment Of 2

For Appellant: Shri A.K.Tibrewal, ARFor Respondent: Shri Kallol Mistry, JCIT, Sr.DR
Section 143(3)Section 194ASection 201(1)Section 40Section 44A

assessee affirming the disallowance made by the Assessing Officer u/s.40(a)(ia) of the Act. 3. Now, the assessee is in further appeal before the Tribunal. 4. Ld. Counsel for the assessee submitted that during the year under assessment the assessee Firm paid a sum of Rs.13

Shambhu Dasgupta, Dalkhola vs. Income Tax Officer, Raiganj

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

ITA 221/KOL/2025[2017-18]Status: DisposedITAT Kolkata13 Jun 2025AY 2017-18

Bench: Shri Duvvuru Rl Reddyआयकर अपील सं/Ita No.221/Kol/2025 (नििाारण वर्ा / Assessment Year : 2017-18) Shambhu Dasgupta Vs Income Tax Officer, It Office, Sbi Building, Subhaspally, Dalkhola, Karnojhora, Raiganj, Karandighi, Uttar Dinajpur, West Bengal-733201 Pan No. : Ciwpd 4351 D (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Chandan Sanghai, Ar राजस्व की ओर से /Revenue By : Shri Abhijit Adhikary, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 06/05/2025 घोषणा की तारीख/Date Of Pronouncement : 13/05/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Nfac Delhi Dated 18.11.2024 Passed For Assessment Year 2017-18. 2. At The Outset, On Perusal Of The Appeal Record, I Find That The Appeal Of The Assessee Is Filed Belatedly By 10 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Sufficient Reasons For Delay In Filing The Appeal. In The Said Affidavit, The Assessee Has Sworn That The Assessee Was Suffering From Some Health Issues From 04.01.2025 To 17.01.2025 & Was Under Medical Treatment During This Period, Which Caused The Delay In Filing The Appeal Before The Tribunal Within The Stipulated Period. In Support Of The Same, The Assessee Has Also Enclosed Medical Certificate. Ld. Sr. Dr Also Did Not Raise Any Objection To Condone The Delay. Considering The Facts

For Appellant: Shri Chandan Sanghai, ARFor Respondent: Shri Abhijit Adhikary, Sr. DR
Section 144Section 69A

from some health issues from 04.01.2025 to 17.01.2025 and was under medical treatment during this period, which caused the delay in filing the appeal before the Tribunal within the stipulated period. In support of the same, the assessee has also enclosed medical certificate. Ld. Sr. DR also did not raise