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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

Ajit Anant Joshi, Thane vs. Deputy Commisisoner of Income Tax, Circle 1, Thane

In the result, appeal of the assessee is partly allowed

ITA 700/MUM/2025[2010-11]Status: DisposedITAT Mumbai30 May 2025AY 2010-11

Bench: Shri Pawan Singh & Shri Girish Agrawalassessment Year: 2010-11 Ajit Anant Joshi Deputy Commissioner Of 22 Parijat Society Kashish Income Tax Park, Thane Check Naka, Circle 1, Qureshi Mansion, Vs. Thane (W), 400604. Gokhale Road, Thane-400602. Pan: Adnpj6782A (Appellant) (Respondent) Present For: Assessee : Shri. Ambalal Jain, Ca Revenue : Shri. Rajesh Meshram, Sr. Dr Date Of Hearing : 25.03.2025 Date Of Pronouncement : 30.05.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Commissioner Of Income Tax, Appeal Addl/Jcit (A)-5 Kolkata, Vide Appeal No. Cit(A), Mumbai-40/10078/2016-17 (Manual Appeal Register Number: 8/2016-17) Dated 28.11.2024 Passed Against The Assessment Order By Income Tax Officer 29(1)(1), Mumbai U/S. 143(3) R.W.S. 147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 24.02.2016 For Assessment Year 2010-11. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1) On Facts & Circumstances Of The Case & In Law, The Order Passed By Ld. Cit(A) U/S 250 Of The Act Upholding The Order Passed By Ld. A.O. U/S 143(3)/147 Of The Act Is Bad In Law, Void Ab Initio, In Violation Of The Principles Of Natural Justice & Is Liable To Be Quashed.

For Appellant: Shri. Ambalal Jain, CAFor Respondent: Shri. Rajesh Meshram, Sr. DR
Section 143(3)Section 147Section 148Section 250Section 44ASection 69C

upheld the addition so made and dismissed the ground raised by the assessee in this respect. 8. Aggrieved, assessee is in appeal before the Tribunal. Before us, assessee has placed on record a written submission along with relevant documentary evidences in the paper book containing 70 pages. In the present

ITO Ward-44(6), New Delhi vs. Harsh Arora, Delhi

Appeal of the revenue is partly allowed for statistical purposes

ITA 902/DEL/2024[2015-16]Status: DisposedITAT Delhi30 May 2025AY 2015-16

Bench: Shri Satbeer Singh Godara, Judical Member & Shri Manish Agarwalincome Tax Officer, Shri Harsh Arora, Ward 44(6), 38-C, Road No. 73, Room No. 1808, Vs. West Punjabi Bagh, E-2 Block, Civic Centre, New Delhi-110002. New Delhi-110026 Pan: Aajpa1520C (Appellant) (Respondent) Assessee By Shri Rajeev Saxena, Adv. Ms. Sumangla Saxena, Adv. & Shri Dishant Sethi, Adv. Department By Shri Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 29/05/2025 Date Of Pronouncement 29/05/2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Revenue Against The Order Of Ld. Commissioner Of Income Tax [Cit(A), In Short], National Faceless Appeal Centre (Nfac) Dt. 19.01.2024 In Appeal No. Cit(A), Delhi- 14/10140/2017-18 For Assessment Year 2015-16 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short). 2. At The Time Of Hearing, The Ld. Counsel For The Assessee, Vide Letter Dated 29Th May, 2025, Placed On Record, Submitted That The Revenue Has Filed The Appeal In The Name Of Assessee Harsh Arora Who Had Expired On 04.09.2019 I.E. Prior To The Date When The Impugned Order Was Passed By The Ld. Cit(A). He Further Submitted That The Necessary Action Was Already Taken For Bringing The Legal Representative (Lr) On Record In It Portal & Copy Of The Same Is Also Produced Before Us. It Is, Therefore, Submitted By The Ld. Ar That The Appeal Filed By The Revenue Against The Dead Person Is Void & Thus Not Maintainable & Deserves To Be Dismissed. Ito Vs. Harsh Arora

Section 159Section 2Section 2(11)Section 2(29)Section 250

facts disclosed before us are not disputed. It is not denied that the deceased assessed had passed away during the pendency of the appeal before the Tribunal. It is also not in dispute that the factum of his death was placed on record by Mr. Manjani, counsel appearing ... Shri Deepak Chhabra and Dr. Smt. Sheetal Jhamb shall stand substituted in place of the deceased assessed as his legal representatives in the appeal before the Tribunal. ITO Vs. Harsh Arora (iii) The matter shall stand remanded back to the Tribunal for a fresh hearing and disposal in accordance with

Mohit Sukhija, New Delhi vs. Nfa, New Delhi

In the result, appeal filed by the assessee is allowed

ITA 4661/DEL/2024[2017-18]Status: DisposedITAT Delhi30 May 2025AY 2017-18

Bench: Ms. Madhumita Roy & Shri Manish Agarwalmohit Sukhija, Nfa, 7D, Pocket A, Vikas Puri, New Delhi New Delhi-110018 Vs. Pan: Andps5089H (Appellant) (Respondent) Assessee By Sh. Anil Chopra, Ca Department By Sh.Virender Kumar Singh, Sr.Dr Date Of Hearing 07.05.2025 Date Of Pronouncement 30.05.2025 O R D E R Per Manish Agarwal, Am: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, New Delhi [“Ld. Cit(A)”], Dated 29.08.2023 In Appeal No. Nfac/2016-17/10164171 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short) For Assessment Year 2017-18. 2. This Appeal Filed By The Assessee Is Delayed By 343 Days. For The Delay, Assessee Filed An Application For Condonation Of Delay Wherein It Is Stated That Assessee Was Out Of Country When The Order Of Commissioner Of Income Tax (Appeal) Was Passed & Served Through E-Filing Portal. Therefore, He Was Not Aware About The Order Of Ld. Cit(A) & The Appeal Could Not Be Filed In Time. He Also Filed The Copy Of The Passport Having Visa & Details Of Travelling Outside India, In Support Of The Claim That He Was Out Of India During The Period When The Order Was Served Upon Him. He Further Stated That As Soon He Returned To India & Came To Know About The Order Of Ld. Cit (A), Immediately He Filed The Appeal & Therefore, Prayed For The Condonation Of Delay In Filing The Appeal.

Section 142(1)Section 144Section 148Section 250Section 44ASection 69A

vide impugned order, has dismissed the appeal of the assessee. 6. Aggrieved by the said order of ld. CIT(A), assessee filed present appeal before the Tribunal on the strength of following grounds of appeal: 1. That Ld. CIT(A) has erred in not considering the documents produced