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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

Emmbros Autocomp Limited, Baddi vs. Asstt. Commissioner of Income Tax, Parwanoo

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

ITA 1172/CHANDI/2024[2013-14]Status: DisposedITAT Chandigarh11 Feb 2026AY 2013-14

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 1172/Chd/2024 "नधा"रण वष" / Assessment Year : 2013-14 M/S Emmbros Autocomp The Acit, बनाम Limited, Village Katha, Circle, Baddi, Parwanoo Vs. Distt. Solan 173220 "थायी लेखा सं./ Pan No: Aaace3489Q अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Sh. Raman Tiwari, Ca राज"व क" ओर से/ Revenue By : Sh. Vivek Varadhan, Addl. Cit, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 09.02.2026 उदघोषणा क" तार"ख/Date Of Pronouncement : 11.02.2026 आदेश/Order Per Krinwant Sahay, Am : Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 24.09.2024 Passed By The Ld. Commissioner Of Income Tax, Exemptions [‘(Cit(A)’]

For Appellant: Sh. Raman Tiwari, CAFor Respondent: Sh. Vivek Varadhan, Addl. CIT, Sr.DR
Section 143(3)Section 271(1)Section 271(1)(C)Section 801CSection 80I

time of hearing. 3. The Registry has pointed out that there is a delay of 2 days in filing of the appeal before the Tribunal. The Counsel of the Assessee has filed an application along with Affidavit on behalf of the 1172-Chd-2024 4 Assessee, making prayer for condonation

Guhana Educational Society, Suryapet vs. ITO, Exemption Ward-1(2), Hyderabad

In the result, the appeal of the assessee is partly allowed

ITA 784/HYD/2025[2017-18]Status: DisposedITAT Hyderabad11 Feb 2026AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.784/Hyd/2025 ("नधा"रण वष"/Assessment Year: 2017-18) Guhana Educational Society Vs. Income Tax Officer 2-1-65, Kasturi Bazar Exemption Ward-1(2) Suryapet-508213 Aayakar Bhavan Telangana Basheerbagh, Hyderabad Telangana Pan: Aaaag5294R (Appellant) (Respondent) "नधा"रती "वारा/Assessee By: Shri S. Rama Rao, Advocate राज" व "वारा/Revenue By:: Dr. Sachin Kumar, Sr-Dr सुनवाई क" तार"ख/Date Of Hearing: 29/01/2026 घोषणा क" तार"ख/Pronouncement: 11/02/2026 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Guhana Educational Society (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Addl/Jcit(A)-3, Mumbai (“Ld. First Appellate Authority”) Dated 13.03.2025 For The A.Y.2017-18. 2. Assessee Has Raised The Following Grounds Of Appeal: “1. The Order Of The Learned Cit (A) Is Erroneous Both On Facts & In Law; 2. The Learned Cit (A) Erred In Confirming The Action Of The Assessing Officer In Rejecting The Books Of Account & In Resorting To Estimation Of Income At 8% Of The Receipts Of Rs.2,58,90,677/-;

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: : Dr. Sachin Kumar, SR-DR
Section 10Section 12ASection 143(3)

dismissed the appeal of the assessee. 5. Aggrieved with the order of Ld. First Appellate Authority, the assessee is in appeal before the Tribunal. At the outset, the Learned Authorized Page 2 of 8 ITA 784/Hyd/2025 Guhana Educational Society Representative (“Ld. AR”) submitted that the solitary issue involved