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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

Income Tax Officer, Ward 6(3), Pune vs. Maharashtra Bank Employees Coop Credit Society Limited, Pune

In the result, the appeal of the Revenue is dismissed

ITA 209/PUN/2025[2017-18]Status: DisposedITAT Pune29 May 2025AY 2017-18

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.208 & 209/Pun/2025 निर्धारण वर्ष / Assessment Years : 2013-14 & 2017-18 Income Tax Officer, Ward 6(3), Pune अपीलार्थी / Appellant Maharashtra Bank Employees Co-Op Credit Society Limited, Vs.93/2, 3Rd Floor, Bank Of Maharashtra Building, Laxmi Road, Budhwar Peth, Pune-411002 Pan: Aaaam0401C प्रत्यर्थी / Respondent Assessee By : Shri Mr Bhagwat Department By : Shri Ramnath P. Murkunde Date Of Hearing : 14-05-2025 Date Of Pronouncement : 29-05-2025 आदेश / Order Per Astha Chandra, Jm : Two Appeals Filed By The Revenue Are Directed Against The Separate Order(S) Both Dated 26.11.2024 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)”] Pertaining To Assessment Years ("Ays") 2013-14 & 2017-18. Since The Issue(S) Involved Are Identical, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri MR BhagwatFor Respondent: Shri Ramnath P. Murkunde
Section 143(1)Section 56Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)Section 80P(4)

result the appeal is allowed for statistical purposes.” 5. Dissatisfied with such order of the Ld. CIT(A), the Revenue is in appeal before the Tribunal and all the grounds of appeal relate thereto. 6. The Ld. AR reiterated the same submissions made before the lower authorities in support

Income Tax Officer, Ward 6(3), Pune vs. Maharashtra Bank Employees Coop Credit Socitey Limited, Pune

In the result, the appeal of the Revenue is dismissed

ITA 208/PUN/2025[2013-14]Status: DisposedITAT Pune29 May 2025AY 2013-14

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.208 & 209/Pun/2025 निर्धारण वर्ष / Assessment Years : 2013-14 & 2017-18 Income Tax Officer, Ward 6(3), Pune अपीलार्थी / Appellant Vs. Maharashtra Bank Employees Co-Op Credit Society Limited, 93/2, 3Rd Floor, Bank Of Maharashtra Building, Laxmi Road, Budhwar Peth, Pune-411002 Pan: Aaaam0401C Assessee By : Department By : Date Of Hearing : Date Of Pronouncement : प्रत्यर्थी / Respondent Shri Mr Bhagwat Shri Ramnath P. Murkunde 14-05-2025 29-05-2025 आदेश / Order Per Astha Chandra, Jm : Two Appeals Filed By The Revenue Are Directed Against The Separate Order(S) Both Dated 26.11.2024 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)”] Pertaining To Assessment Years ("Ays") 2013-14 & 2017-18. Since The Issue(S) Involved Are Identical, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Department byFor Respondent: Date of hearing
Section 143(1)Section 56Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)Section 80P(4)

result the appeal is allowed for statistical purposes.” 5. Dissatisfied with such order of the Ld. CIT(A), the Revenue is in appeal before the Tribunal and all the grounds of appeal relate thereto. 6. The Ld. AR reiterated the same submissions made before the lower authorities in support

Income-Tax Offier (Exemptions) Madurai, Madurai vs. Career Development Opportunity and Training, Vilangudi

In the result, the appeal filed by the Revenue is dismissed

ITA 383/CHNY/2025[2020]Status: DisposedITAT Chennai29 May 2025

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No. 383/Chny/2025 िनधा"रण वष"/Assessment Year: 2020-21 The Income Tax Officer Vs. Career Development Opportunity (Exemptions) & Training, Madurai. Near Selvaraj Textiles, 7, Dindigul Road, Vilangudi, Madurai 625 018. [Pan:Aaatc6975A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. Deeptha, Addl. Jcit ""थ" की ओर से/Respondent By : Shri B. Gowthaman, Ca सुनवाई की तारीख/ Date Of Hearing : 30.04.2025 घोषणा की तारीख /Date Of Pronouncement : 29.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 23.12.2024 Passed By The Addl./Jcit (A)-7, Kolkata For The Assessment Year 2020-21. 2. The Appellant – Revenue Raised 2 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration Is As To Whether The Ld. Cit(A) Is Justified In Allowing Benefit Of Exemption Under Section 2

For Appellant: Ms. Deeptha, Addl. JCITFor Respondent: Shri B. Gowthaman, CA
Section 11Section 12ASection 139Section 139(4)Section 143(1)Section 143(1)(a)Section 2

benefit of exemption under section 11 of the Act. Aggrieved by the order of the ld. CIT(A), the appellant-revenue is in appeal before the Tribunal. 4. The ld. DR Ms. Deeptha, Addl. CIT submits that the ld. CIT(A) omitted to note that the audit report in Form

Assistant Commissioner of Incometax, Madurai vs. V V Marine Products, Tirunelveli

In the result, the appeal filed by the Revenue is dismissed

ITA 3029/CHNY/2024[2021-22]Status: DisposedITAT Chennai29 May 2025AY 2021-22

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No. 3029/Chny/2024 िनधा"रण वष"/Assessment Year: 2021-22 The Assistant Commissioner Of Vs. V V Marine Products, Income Tax, No. 17C, Keeraikaran Thattu, Central Circle 2, Tisayanvillai, Tirunelveli 627 657. Madurai. [Pan:Aalfv2122R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. E. Pavuna Sundari, Cit ""थ" की ओर से/Respondent By Shri R. Venkata Raman, C.A., : Shri R.S. Lakshmi Narayana, Advocate & Shri K. Vishwa Padmanaban, Ca सुनवाई की तारीख/ Date Of Hearing : 07.05.2025 घोषणा की तारीख /Date Of Pronouncement : 29.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 30.09.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals) 19, Chennai For The Assessment Year 2021-22. 2. The Appellant-Revenue Raised 6 Grounds Of Appeal, Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Deleting The Addition Made By The Assessing Officer On Account Of Claim Of Sales Promotion Expenses.

For Appellant: Ms. E. Pavuna Sundari, CIT
Section 142(1)Section 37

orders of Delhi and Mumbai benches of the Tribunal. Aggrieved by the order of the ld. CIT(A), the Appellant- Revenue is in appeal before the Tribunal. 4. The ld. DR Ms. E. Pavuna Sundari, CIT submits that no details were furnished before the Assessing Officer during the course

The Erode District Central Co-Op.Bank Ltd., Erode vs. ACIT, Circle-1, Erode

In the result, the appeal filed by the assessee is allowed

ITA 3025/CHNY/2024[2015-16]Status: DisposedITAT Chennai29 May 2025AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.3025/Chny/2024 िनधा"रण वष"/Assessment Year: 2015-16 The Erode District Central Vs. The Assistant Commissioner Of Co-Operative Bank Ltd., Income Tax, 1, Bhavani Main Road, Circle 1, Karungalpalayam S.O., Erode 638 003. Erode. [Pan:Aaaat7251P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate (Erode) ""थ" की ओर से/Respondent By : Shri P. Krishna Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 07.05.2025 घोषणा की तारीख /Date Of Pronouncement : 29.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.10.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2015-16. 2. The Assessee Raised 5 Grounds Of Appeal Amongst Which The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Confirming The Order Of The Assessing Officer In Making

For Appellant: Shri S. Sridhar, Advocate (Erode)For Respondent: Shri P. Krishna Kumar, JCIT
Section 143(3)Section 43D

amendment to section 43D of the Act is not applicable. Aggrieved by the findings of the ld. CIT(A), the assessee is in appeal before the Tribunal. 5. The ld. AR Shri S. Sridhar, Advocate drew our attention to the decision of the Hon’ble High Court of Himachal Pradesh

Rahul M Dalmia, Mumbai vs. ITO Ward 25(3)(3), Mumbai

In the result, appeal of the assessee is allowed

ITA 3883/MUM/2024[2008-09]Status: DisposedITAT Mumbai29 May 2025AY 2008-09

Bench: Shri Pawan Singh & Shri Girish Agrawalassessment Year: 2008-09 Rahul M Dalmia Ito Ward 25(3)(3) 12-A, 5Th Floor, Raj Milan, Mumbai-400051. Dixit Road, Vile Parle East, Vs. 400057. Pan: Aabpd4501G (Appellant) (Respondent) Present For: Assessee : Shri. Bhupendra Shah, Ca Revenue : Shri. Kiran Unavekar, Sr. Dr Date Of Hearing : 25.03.2025 Date Of Pronouncement : 29.05.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Addl/Jcit (A)-4, Kolkata, Vide Order No. Itba/Apl/S/250/2024-25/ 1066557784(1) Dated 09/07/2024 Passed Against The Assessment Order By Income Tax Officer - 25(3)(3), Mumbai, U/S. 143(3) R.W.S 147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 10.02.2016 For Assessment Year 2008-09. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1. In The Facts & Circumstances Of The Case & In Law, The Learned A.O. Erred In Passing Order U/S 143(3) Merely On The Basis Of Borrowed Satisfaction, Presumption & Surmises. 2. In The Facts & Circumstances Of The Case & In Law, The Learned A.O. Erred In Passing Order U/S 143(3) By Issuing Reopening Notice On 19/03/2015. 2 Rahul M Dalmia, A.Y. 2008-09

For Appellant: Shri. Bhupendra Shah, CAFor Respondent: Shri. Kiran Unavekar, Sr. DR
Section 131Section 143(3)Section 147Section 148Section 234Section 271

debited in the books of accounts. Ld. CIT(A) has sustained the addition and dismissed the appeal against which assessee is in appeal before the Tribunal. 9. We have heard both the sides and perused the material on record. We have also given our thoughtful consideration to the submissions made