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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

Assistant Commissioner of Income Tax, Madurai vs. Ramco Cements Limited, Rajapayalam

In the result, both the appeals filed by the Revenue are dismissed

ITA 3059/CHNY/2024[2015-16]Status: DisposedITAT Chennai17 Apr 2025AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.3234 & 3059/Chny/2024 िनधा"रण वष"/Assessment Years: 2011-12 & 2015-16 The Deputy/Assistant Commissioner Vs. Ramco Cements Limited, Of Income Tax, Ramamandiram, Rajapalayam, Corporate Circle 2, Virudhunagar District – 626 117, Madurai. Tamil Nadu. [Pan:Aabcm8375L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Shivanand K Kalakeri, Cit ""थ" की ओर से/Respondent By : Shri S. Muralidhar, F.C.A. & Shri J. Prabhakar, F.C.A. सुनवाई की तारीख/ Date Of Hearing : 09.04.2025 घोषणा की तारीख /Date Of Pronouncement : 17.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Revenue Are Directed Against Separate Orders Dated 17.10.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2011-12 & Order Dated 27.09.2024 Passed By The Ld. Cit(A) – 16, Chennai For The Assessment Year 2015-16. 2. Since Issues Raised In Both The Appeals Are Similar Based On The Same Identical Facts, With The Consent Of Both The Parties, We Proceed To 2

For Appellant: Shri Shivanand K Kalakeri, CiTFor Respondent: Shri S. Muralidhar, F.C.A. &

supra), the ld. CIT(A) deleted the addition made by the Assessing Officer. Aggrieved by the impugned order, the Revenue is in appeal before the Tribunal. 13. Having heard both the parties, we note that the ld. CIT(A) discussed the issue in para 4.2 of the impugned order, wherein

Assistant Commissioner of Income Tax Ltu Circle 1, Nungambakkam Chennai vs. Sify Technologies Limited, Taramani Chennai

In the result, all the appeals filed by the Revenue are dismissed

ITA 2889/CHNY/2024[2012-13]Status: DisposedITAT Chennai17 Apr 2025AY 2012-13

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. Nos. 1458, 1950 & 2889/Chny/2024 िनधा"रण वष"/Assessment Years: 2020-21, 2017-18 & 2012-13 The Deputy Commissioner Of Vs. M/S. Sify Technologies Limited, Income Tax/Acit, Ii Floor, Tidel Park No. 4, Ttt1 Large Taxpayer Unit Circle 1, Taramani S.O., Taramani, Chennai. Chennai 600 113. [Pan:Aaacs9032R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Shivanand K Kalakeri, Cit ""थ" की ओर से/Respondent By : Shri S.P. Chidambaram, Advocate सुनवाई की तारीख/ Date Of Hearing : 13.03.2025 घोषणा की तारीख /Date Of Pronouncement : 17.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Three Appeals Filed By The Revenue Are Directed Against Separate Orders Dated 19.02.2024, 07.08.2023 & 08.08.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Years 2020-21, 2017-18 & 2012-13. 2. Since Issues Raised In These Appeals Are Similar Based On The Same Identical Facts, With The Consent Of Both The Parties, We Proceed

For Appellant: Shri Shivanand K Kalakeri, CITFor Respondent: Shri S.P. Chidambaram, Advocate

deleted the addition made by the Assessing Officer. Not satisfied with the order of the ld. CIT(A), the Revenue is in appeal before the Tribunal. 8. The ld. DR Shri Shivanand K. Kalakeri, CIT relied on the order of the Assessing Officer. 9. The ld. AR Shri S.P. Chidambaram ... assessment years, deleted the addition made by the Assessing Officer. Aggrieved by the order of the ld. CIT(A), the Revenue is in appeal before the Tribunal. 13. Before us, the ld. DR relied on the order of the Assessing Officer. 14. The ld. AR relied on the order

Asst Commissioner of Income Tax Circle Ltu 1 Chennai, Nungambakkam vs. Sify Technologies Limited, Chennai

In the result, all the appeals filed by the Revenue are dismissed

ITA 1950/CHNY/2024[2017-18]Status: DisposedITAT Chennai17 Apr 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. Nos. 1458, 1950 & 2889/Chny/2024 िनधा"रण वष"/Assessment Years: 2020-21, 2017-18 & 2012-13 The Deputy Commissioner Of Vs. M/S. Sify Technologies Limited, Income Tax/Acit, Ii Floor, Tidel Park No. 4, Ttt1 Large Taxpayer Unit Circle 1, Taramani S.O., Taramani, Chennai. Chennai 600 113. [Pan:Aaacs9032R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Shivanand K Kalakeri, Cit ""थ" की ओर से/Respondent By : Shri S.P. Chidambaram, Advocate सुनवाई की तारीख/ Date Of Hearing : 13.03.2025 घोषणा की तारीख /Date Of Pronouncement : 17.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Three Appeals Filed By The Revenue Are Directed Against Separate Orders Dated 19.02.2024, 07.08.2023 & 08.08.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Years 2020-21, 2017-18 & 2012-13. 2. Since Issues Raised In These Appeals Are Similar Based On The Same Identical Facts, With The Consent Of Both The Parties, We Proceed

For Appellant: Shri Shivanand K Kalakeri, CITFor Respondent: Shri S.P. Chidambaram, Advocate

deleted the addition made by the Assessing Officer. Not satisfied with the order of the ld. CIT(A), the Revenue is in appeal before the Tribunal. 8. The ld. DR Shri Shivanand K. Kalakeri, CIT relied on the order of the Assessing Officer. 9. The ld. AR Shri S.P. Chidambaram ... assessment years, deleted the addition made by the Assessing Officer. Aggrieved by the order of the ld. CIT(A), the Revenue is in appeal before the Tribunal. 13. Before us, the ld. DR relied on the order of the Assessing Officer. 14. The ld. AR relied on the order

Deputy Commissioner of Income Tax, Chennai vs. Sify Technologies Limited, Chennai

In the result, all the appeals filed by the Revenue are dismissed

ITA 1458/CHNY/2024[2020-21]Status: DisposedITAT Chennai17 Apr 2025AY 2020-21

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. Nos. 1458, 1950 & 2889/Chny/2024 िनधा"रण वष"/Assessment Years: 2020-21, 2017-18 & 2012-13 The Deputy Commissioner Of Vs. M/S. Sify Technologies Limited, Income Tax/Acit, Ii Floor, Tidel Park No. 4, Ttt1 Large Taxpayer Unit Circle 1, Taramani S.O., Taramani, Chennai. Chennai 600 113. [Pan:Aaacs9032R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Shivanand K Kalakeri, Cit ""थ" की ओर से/Respondent By : Shri S.P. Chidambaram, Advocate सुनवाई की तारीख/ Date Of Hearing : 13.03.2025 घोषणा की तारीख /Date Of Pronouncement : 17.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Three Appeals Filed By The Revenue Are Directed Against Separate Orders Dated 19.02.2024, 07.08.2023 & 08.08.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Years 2020-21, 2017-18 & 2012-13. 2. Since Issues Raised In These Appeals Are Similar Based On The Same Identical Facts, With The Consent Of Both The Parties, We Proceed

For Appellant: Shri Shivanand K Kalakeri, CITFor Respondent: Shri S.P. Chidambaram, Advocate

deleted the addition made by the Assessing Officer. Not satisfied with the order of the ld. CIT(A), the Revenue is in appeal before the Tribunal. 8. The ld. DR Shri Shivanand K. Kalakeri, CIT relied on the order of the Assessing Officer. 9. The ld. AR Shri S.P. Chidambaram ... assessment years, deleted the addition made by the Assessing Officer. Aggrieved by the order of the ld. CIT(A), the Revenue is in appeal before the Tribunal. 13. Before us, the ld. DR relied on the order of the Assessing Officer. 14. The ld. AR relied on the order

Indo Pacific Finlease Ltd, Chandigarh vs. PCIT Chandigarh 1, Chandigarh

In the result, both the appeals are filed by the

ITA 448/CHANDI/2024[2014-15]Status: DisposedITAT Chandigarh16 Apr 2025AY 2014-15

Bench: Shrilaliet Kumar & Shri Krinwant Sahayआयकर अपील सं . / I.T.A. Nos.448 & 449/Chd/2024 निर्धारणवर्ष / Assessment Years: 2014-15 & 2015-16 Vs Pcitchandigarh 1, Chandigarh Indo Pacific Finlease Ltd., Sco-98-99, Sector 34 Sub City Centre, Chandigarh 160002 स्थायीलेखासं./Panno. Aaaci2176E अपीलार्थी/Appellant प्रत्यर्थी/Respondent Assessee By : Sh. Ashok Goel, C.A. Revenue By : Sh.Rohit Sharma, Cit-D.R. Date Of Hearing :19.03.2025 Date Of Pronouncement ;16/04/2025 Physical Hearing Order Per Laliet Kumar, J.M.: Both The Appeals Are Being Filed By The Assessee, Feeling Aggrieved By The Order Passed By The Ld. Pr. Commissioner Of Income Tax, Chandigarh-1 Dated 28.03.2024& 23.03.2024 U/S 263 For The Assessment Years: 2014-15& 2015-16. 2. The Assessee Has Raised The Common Grounds Of Appeal In Ita Nos.448 & 449/Chd/2024 As Under:

For Appellant: Sh. Ashok Goel, C.AFor Respondent: Sh.Rohit Sharma, CIT-D.R
Section 147Section 148Section 203(1)Section 263

also held the reassessment to be bad in law on jurisdictional ground. Against the order of the AAC the Revenue went in appeal before the Tribunal and specifically raised the plea that the question of jurisdiction to reopen the assessment having been expressly given up by the assessee