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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

Suhas Digambar Chinchkar, Pune vs. CIT(A) & NFAC, New Delhi

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

ITA 1651/PUN/2025[2016-17]Status: DisposedITAT Pune10 Feb 2026AY 2016-17

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1651/Pun/2025 िनधा"रण वष" / Assessment Year : 2016-17 Suhas Digambar Chinchkar, Vs. Ito, National Faceless B- 1005, Bhoomi Allium, Assessment Centre, Near Kokne Chowk, Delhi. Rahatni, Pune- 411017. Pan : Afspc4270R Appellant Respondent Assessee By : Shri Ritvik Vatsyayan Revenue By : Shri Milind Debaje (Virtual) Date Of Hearing : 19.11.2025 Date Of Pronouncement : 10.02.2026 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.06.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2016-17. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Cit(A) Erred In Confirming The Addition Of ₹5,00,000 Under Section 69 Of The Income Tax Act, 1961, Without Providing The Appellant An Opportunity To Rebut Or Cross-Examine The Third- Party Material Used Against Him. The Addition Is Based On A Document Allegedly Impounded During A Survey On M/S Swastik

For Appellant: Shri Ritvik VatsyayanFor Respondent: Shri Milind Debaje (Virtual)
Section 147Section 148Section 151Section 44ASection 69

/NFAC dismissed the appeal filed by the assessee. 5. It is the above order against which the assessee is in appeal before the Tribunal. 6. We have heard Ld. counsels from both the sides and perused the material available on record including the case laws furnished by the assessee