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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

Sourabh Kumar Vishamvar Singh, Adajan Surat vs. ITO Ward 2(5), Income Tax Office, Court Area, Near Jamui More

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

ITA 331/PAT/2023[2017-18]Status: DisposedITAT Patna12 Jun 2025AY 2017-18

Bench: Shri Duvvuru Rl Reddy(Through Virtual Hearing At Kolkata) Sourabh Kumar Vishamvar Vs Ito, Ward-2(5), Near Jamui Singh, More, Lakhisarai, A-301, Keshav Complex, Bihar Honey Park Road, Adjan, Surat Gujarat-395009 Pan No. :Cgspk 5166 K (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri Mehul Shah, Ca रधजस्व की ओर से /Revenue By : Shri Ashwani Kr. Singal, Jcit सुनवाई की तारीख / Date Of Hearing : 23/04/2025 घोषणा की तारीख/Date Of Pronouncement : 12/06/2025 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)-3, Patna, Dated 18.09.2023 Passed For Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal :- 1. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(A) Has Erred In Confirming The Action Of The Assessing Officer In Making Addition Of Rs. 24,00,000/- On Account Of Unexplained Cash Credit U/S. 68 Of The I.T Act, 1961. 2. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(A) Has Erred In Confirming The Action Of The Assessing Officer In Taxing The Addition By Taking The Rate @77.25% By Attracting S. 115Bbe Instead Of Normal Tax Rate. 3. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(A) Has Erred In Confirming The Action Of The Assessing Officer In Taxing The Income U/S 115Bbe @ 77.25% In A Retrospective Manner By Applying The Duly Substituted S.115Bbe Inserted Retroactive Instead Of Taxing It At 35.54% As Per The Old Provisions Of S.115Bbe.

For Appellant: Shri Mehul Shah, CAFor Respondent: Shri Ashwani Kr. Singal, JCIT
Section 115BSection 68

Assessing Officer as the assessee could not furnish any documentary evidence/details in support of his case. 5. Now, the assessee is in further appeal before the Tribunal. 3 ITANo.331/Pat/2023 6. Ld. Counsel for the assessee submitted that the assessee was having cash in hand

Chemangattu Jose John, Kottayam vs. The Deputy Commissioner of Income Tax, Circle International Taxation, Tvm

In the result, the appeal of the assessee is allowed

ITA 58/COCH/2025[2015-2016]Status: DisposedITAT Cochin12 Jun 2025AY 2015-2016

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarmaassessment Years: 2015-16 Chemangattu Jose John Dcit, Circle International V. Taxation, Tvm Chemangattu House, Koodalloor Post, Meenachil Taluk, Kottayam, Kerala 686595. Pan : Atxpj2649R. (Appellant) (Respondent) Appellant By : Shri R Krishnan, Ca Respondent By : Shri Suresh Sivanandan, Irs, Cit-Dr. Date Of Hearing : 03.06.2025 Date Of Pronouncement : 12.06.2025 O R D E R Per Sonjoy Sarma: This Appeal Is Filed By The Assessee Against The Order Dated 22.11.2024 Passed By The Dcit Circle Intl. Txn, Tvm (Hereinafter Referred To As ‘Cit(A)’] U/S 147 R.W.S 144C(13) Of The Income Tax Act (‘Act’) For The Assessment Year 2015–16. 2. Brief Facts Of The Case Are That During The Relevant Assessment Year, The Assessee Had Sold Two Agricultural Properties Totaling To Rs.15,59,000/-. The Actual Sale Consideration Was Rs.34,00,000/- & However, As Per Registered Deed, The Sale Consideration Was Rs.15,59,000 & Balance Rs.18,41,000/- Remains Unexplained. The Assessing Officer Made An Addition Of 2 Chemangattu Jose John Rs.18,41,000/- U/S 69A Of The Act As The Assessee Failed To Give Satisfactory Reply Before Him.

For Appellant: Shri R Krishnan, CAFor Respondent: Shri Suresh Sivanandan, IRS, CIT-DR
Section 147Section 69Section 69A

upheld the order of the Assessing Officer. 5. Aggrieved by the above order, the assessee preferred an appeal before the Tribunal. At the time of hearing, the ld. AR stated that the assessee had no control over the value adopted in the registered sale deed by the authority under Indian

Baiju Lekshmanan, Kollam vs. ITO, Ward 1 & Tps, Alappuzha

In the result, the appeal of the assessee is dismissed

ITA 144/COCH/2025[2017-18]Status: DisposedITAT Cochin12 Jun 2025AY 2017-18

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarmaassessment Years: 2017-18 Baiju Lekshmanan Ito, Ward-1 & Tps, V. Alappuzha Marackasseril, Atiramthengu, Alumpeedika Po, Prayar South, Kollam – 690547. Pan : Ambpl8921A. (Appellant) (Respondent) Appellant By : Shri Akhil Shaji, Advocate Respondent By : Smt. Leena Lal, Snr Ar. Date Of Hearing : 03.06.2025 Date Of Pronouncement : 12.06.2025 O R D E R Per Sonjoy Sarma: This Appeal Is Filed By The Assessee Against The Order Dated 27.11.2024 By The National Faceless Appeal Centre (Hereinafter Referred To As ‘Cit(A)’] For The Assessment Year 2017–18. 2. The Registry Has Informed That The Appeal Filed By The Assessee Is Barred By Limitation By 17 Days. An Application Seeking Condonation Of Delay For 17 Days Has Been Filed By The Assessee Explaining Reasons For Such Delay. We, After Considering The Application For Condoning The Delay, Condone The Delay & Admit The Appeal For Adjudication.

For Appellant: Shri Akhil Shaji, AdvocateFor Respondent: Smt. Leena Lal, Snr AR
Section 133(6)Section 139Section 143(2)Section 147Section 69A

appeal filed by the appellant for A.Y. 2017-18 is treated as "Dismissed".” 5. Aggrieved by the above order, the assessee preferred an appeal before the Tribunal raising various grounds however the primary contention of the assessee is that the assessment was made by the assessing officer