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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

Najeeb Charitable Trust, Mumbai vs. Exem. Ward 2(1), Mumbai

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

ITA 2701/MUM/2025[2014-15]Status: DisposedITAT Mumbai12 Jun 2025AY 2014-15

Bench: Shri Narender Kumar Choudhryassessment Year: 2014-15 M/S. Najeeb Charitable Trust Exem. Ward2(1) A-28, Eversweet Apartment, Income Tax Appellant J.P.Road, Jogeshwari(West), Vs. Tribunal Building, Mumbai-400053. Pratishtha Bhawan, Maharishi Karve Marg, Pan: Aaatn0425G Mumbai-400020. (Appellant) (Respondent) Present For: Assessee By : Shri Dipesh Ruparelia, Ld. A.R. Revenue By : Shri Kavan Limbasiya, Ld. D.R. Date Of Hearing : 12.06.2025 Date Of Pronouncement : 12.06.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 31/05/2024, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac)/ Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2014-15. 2. At The Very Outset, It Is Observed That There Is A Delay Of 262 Days In Filing Of Instant Appeal, On Which The Assessee By Filing An Application For Condonation Of Delay Along With Duly Sworn Affidavit Has Contended That Though The Assessee In Response To The Notices Dated 28.02.2024 & 12.04.2024 U/S. 250 Of The Act Issued By The Ld. Commissioner, Filed Its Written Submission, However, The Ld. Commissioner Without Giving Any Opportunity Of Being Heard Decided The Appeal Of The Assessee Vide Impugned Order Dated

For Appellant: Shri Dipesh Ruparelia, Ld. A.RFor Respondent: Shri Kavan Limbasiya, Ld. D.R
Section 250

Trust 31.05.2024 u/s. 250 of the Act. The Assessee was unaware of the aforementioned order being passed and therefore missed filing of relevant appeal before the Tribunal, as the erstwhile CA of the appellant did not inform the appellant regarding this order. The appellant was fully dependent

Goodwill Founation Charitable Trust, Surat vs. Commissioner of Income Tax (Exemption), Surat

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

ITA 427/SRT/2025[2024-25]Status: DisposedITAT Surat11 Jun 2025AY 2024-25

Bench: Ms Suchitra Raghunath Kamble & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.427 & 426/Srt/2025 (Assessment Years: 2024-25) (Hybrid Hearing) Goodwill Foundation Charitable Vs. The Cit(Exemption), Trust, Ahmedabad A 102, Sky Heaven Ved Gurukul Road Ved, Surat - 395004 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadtg9648P (Appellant) (Respondent) Appellant By Shri Harikrishna Gohil, Ar Respondent By Shri Mukesh Jain, Cit-Dr Date Of Hearing 09/06/2025 Date Of Pronouncement 11/06/2025

Section 12ASection 12A(1)(ac)Section 253(3)Section 80G(5)(iii)

assessee-trust filed both appeals on 09.04.2025 before this Tribunal. The assessee has filed affidavits giving similar reasons for delays in filing both appeals before this Tribunal. In the affidavit, the assessee stated that the trust was registered in the Office of the Charity Commissioner, Surat on 06.10.2021 with Registration ... provisional registration granted earlier. ITA Nos.427 & 426/SRT/2025/AY.2024-25 Goodwill Foundation Charitable Trust 7. Aggrieved by the order of CIT(E), the assessee filed appeal before the Tribunal. The learned Authorized Representative (ld. AR) submitted that as the case has been decided without considering the merit of the case, the matter

Goodwill Foundation Charitable Trust, Surat vs. Commissioner of Income Tax (Exemption), Surat

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

ITA 426/SRT/2025[2024-25]Status: DisposedITAT Surat11 Jun 2025AY 2024-25

Bench: Ms Suchitra Raghunath Kamble & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.427 & 426/Srt/2025 (Assessment Years: 2024-25) (Hybrid Hearing) Goodwill Foundation Charitable Vs. The Cit(Exemption), Trust, Ahmedabad A 102, Sky Heaven Ved Gurukul Road Ved, Surat - 395004 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadtg9648P (Appellant) (Respondent) Appellant By Shri Harikrishna Gohil, Ar Respondent By Shri Mukesh Jain, Cit-Dr Date Of Hearing 09/06/2025 Date Of Pronouncement 11/06/2025

Section 12ASection 12A(1)(ac)Section 253(3)Section 80G(5)(iii)

assessee-trust filed both appeals on 09.04.2025 before this Tribunal. The assessee has filed affidavits giving similar reasons for delays in filing both appeals before this Tribunal. In the affidavit, the assessee stated that the trust was registered in the Office of the Charity Commissioner, Surat on 06.10.2021 with Registration ... provisional registration granted earlier. ITA Nos.427 & 426/SRT/2025/AY.2024-25 Goodwill Foundation Charitable Trust 7. Aggrieved by the order of CIT(E), the assessee filed appeal before the Tribunal. The learned Authorized Representative (ld. AR) submitted that as the case has been decided without considering the merit of the case, the matter