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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

Delicatessen Engineering Services Private Limited, Hyderabad vs. DCIT., Circle- 8(1), Hyderabad

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

ITA 835/HYD/2024[2020-21]Status: DisposedITAT Hyderabad15 May 2025AY 2020-21

Bench: Shri Vijay Pal Rao, Vice- & Shri Manjunatha, G.आ.अपी.सं /Ita No.835/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2020-21) Delicatessen Vs. Dy. Cit. Engineering Services Circle- 8(1), Private Hyderabad Limited,Hyderabad Pan:Aagcd8678N (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri H. Srinivasulu, Advocate राज" व "ारा/Revenue By:: Shri B Bala Krishna, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 26/02/2025 घोषणा की तारीख/Pronouncement: 16/05/2025 आदेश/Order Per Manjunatha, G. A.M This Appeal Filed By The Assessee Is Directed Against The Final Assessment Order Passed By The Assessing Officer U/S 143(3) R.W.S. 144C(13) R.W.S. 144B Of The I.T. Act, 1961 Dated,18/07/2024, In Pursuant To The Directions Issued By The Drp-1 Bengaluru, Dated 26/02/2024 U/S 144C(5) Of The I.T. Act, 1961 & Relating To A.Y.2020-21. Page 1 Of 32

For Appellant: Shri H. Srinivasulu, AdvocateFor Respondent: : Shri B Bala Krishna, CIT(DR)
Section 143(3)Section 144C(5)Section 92C

providing engineering design services. Aggrieved by the final assessment order passed by the Assessing Officer, the assessee is now in appeal before the Tribunal. 10. Ground Nos.1 & 2 of the assessee’s appeal are general in nature and thus, not adjudicated. Page

Paschim Nawpara Samabay Krishi Unnayan Samity Limited, Nadia vs. ITO, Ward - 41(3), Nadia

The appeal of the assessee is allowed for statistical purposes

ITA 39/KOL/2025[2017-18]Status: DisposedITAT Kolkata15 May 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.39/Kol/2025 Assessment Year: 2017-18 Paschim Nawpara Samabay Krishi Unnayan Samity Limited...….……….Appellant Nawpara, Noapara B.O. Paschim Noapara, Nadia, 741255, W.B. [Pan: Aadap3765F] Vs. Ito, Ward-41(3), Nadia…………….....................……........……...…..…..Respondent Appearances By: Shri P. K. Ray, R.C. Halder & Trideep Nayak, Advocates, Appeared On Behalf Of The Assessee. Shri Archana Gupta, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 14, 2025 Date Of Pronouncing The Order : May 15, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 24.01.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, It Is Noted That There Is A Delay Of 282 Days In Filing The Instant Appeal Before The Tribunal. The Assessee Has Submitted An Application For Condonation Of Such Delay Explaining Reasons For The Delay. We, After Perusing The Petition Made In The Application, Satisfy That There Are Bona Fide & Sufficient Reasons For Such Delay. We, Therefore, Condone The Delay & Admit This Appeal For Adjudication. 3. Brief Facts Of The Case Are That The Assessing Officer Received Information Regarding Cash Deposits Made By The Assessee During The Period Of Demonetization I.E. From 09.11.2016 To 31.12.2016 Amounting To Rs.2,46,000/- & Rs.8,48,500/- Maintained With Nadia District Central Co-Op Bank Ltd., Ranaghat Branch, Nadia & Rs.2,19,500/-

Section 115BSection 133(6)Section 142(1)Section 250Section 250(6)Section 271ASection 69A

outset, it is noted that there is a delay of 282 days in filing the instant appeal before the Tribunal. The assessee has submitted an application for condonation of such delay explaining reasons for the delay. We, after perusing the petition made in the application, satisfy that there are bona ... dismissing the appeal of the assessee without examining the merits of the case. 4. Aggrieved by the above order, the assessee is in appeal before this Tribunal. However, at the time of hearing, the ld. AR submitted that the ld. CIT(A) has passed the impugned order without appreciating

The District Magistrate, Badaun vs. ITO (TDS), Moradabad

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

ITA 4775/DEL/2019[2010-11]Status: DisposedITAT Delhi15 May 2025AY 2010-11

Bench: Shri Shamim Yahya & Shri Vimal Kumarasstt. Year : 2010-11 The District Magistrate, Badaun, Vs. Ito (Tds), Collectorate Compound, Badaun, Aayakar Bhawan, Civil Lines, Uttar Pradesh – 243601 Moradabad, Uttar Pradesh-244001 (Pan: Lknd0606E) (Appellant) (Respondent) Appellant By : None Respondent By : Sh. Ram Kishan Meena, Sr. Dr. Date Of Hearing 15.05.2025 Date Of Pronouncement 15.05.2025 Order Per Shamim Yahya, Am : This Appeal Has Been Filed By The Assessee Against The Order Dated 23.01.2019 Passed By The Ld. Cit(A), Moradabad. 2. In This Case, Order Dated 31.03.2017 Was Passed U/S. 206C(6A) Of The Act By The Ito-Tds, Moradabad For The Assessment Year 2010-11 By Imposing The Total Tax Liability Of Rs. 8,13,688/- & Assessed The Income On The Same Amount. In Appeal, There Is A Delay Of 350 Days In Filing The Appeal Before The Ld. Cit(A), Ld. Cit(A) Noted The Following Submission Of The Assessee:- “There Was A Delay Of 350 Days & It Was Due To The Fact That Order Was Served On D.M. Office & Which Was Not Conveyed To Mining Officer Mr. Narender Kumar. It Came To His Knowledge In September, 2017 & Due To The Fact That The Time Was Consumed In Empanelment & Appointment Of Counsel. That Further The Delay Was Due To The Procedure Of Online Registration For Filing Appeal.”

For Appellant: NoneFor Respondent: Sh. Ram Kishan Meena, Sr. DR
Section 206C

convinced, did not condone the delay by dismissing the appeal being time barred. 4. Against the above order, assessee has filed the appeal before the Tribunal. 5. None appeared on behalf of the assessee, despite issue of notice of hearing, hence, we are proceeding exparte qua the assessee, after hearing