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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

Harikrishna Jewels, Surat vs. Pr. Commissioner of Income Tax, Surat

In the result, appeal of the assessee is allowed for statistical purpose

ITA 354/SRT/2023[2012-13]Status: DisposedITAT Surat15 Apr 2025AY 2012-13

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.354/Srt/2023 Assessment Year: 2012-13 (Physical Court Hearing) Harikrishna Jewels, Principal Commissioner Of 201, Sunstar Building, Opp. बनाम/ Income Tax-1,, Surat, Room New Patidar Bhavan, No.123, Aaykar Bhawan, Near Vs. Mahidharpura, Surat-395 Majura Gate, Opp. New Civil 003 Hospital, Surat -395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aagfh 3864 F (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By Shri Rasesh Shah, Ca राज" की ओर से /Revenue By Shri Ravi Kant Gupta, Cit-Dr सुनवाई की तारीख/Date Of Hearing 10.02.2025 उद्घोषणा की तारीख/Date Of Pronouncement 15.04.2025

Section 10ASection 143(3)Section 148Section 263

making disallowance of Rs.5,51,33,350/-. The appellant submitted that the regular tax consultant was unaware of the provisions of direct appeal before the Tribunal against the order u/s 263 of the Act. When the appellant approached a new tax consultant, he advised not only to file appeal before ... filing the appeal was not deliberate and intentional on the part of assessee. The regular tax consultant was not aware of direct appeal to the Tribunal against order u/s 263 of the Act. Moreover, assessee is not going to be benefited by filing appeal belatedly. It is now fairly settled

Virender Singh, Haryana vs. ITO, Rewari

In the result, appeal of the assessee is partly allowed

ITA 1880/DEL/2024[2012-13]Status: DisposedITAT Delhi15 Apr 2025AY 2012-13

Bench: Shri Vikas Awasthyआअसं.1880/िद"ी/2024(िन.व. 2012-13) Virender Singh, H. No. 1966, Sector-4, Rewari, Haryana 123401 ...... अपीलाथ"/Appellant Pan: Bcpps-8061-K बनाम Vs. Income Tax Officer, Ward-3 ..... "ितवादी/Respondent Rewari, Haryana अपीलाथ" "ारा/ Appellant By : Shri Vikas Mishra, Chartered Accountant "ितवादी "ारा/Respondent By : Shri Sanjay Kumar, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 16/01/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 15/04/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 22.02.2024, For Assessment Year 2012-13. 2. Shri Vikas Mishra, Appearing On Behalf Of The Assessee Submits That The Assessee Is Serving In Indo Tibetan Border Police (Itbp). The Case Of The Assesseee For Ay 2012-13 Was Reopened On The Ground That He Had Deposited Cash Amounting To Rs.15,38,000/- During The Period Relevant To Assessment Year 2012-13 In His Bank Account Maintained With State Bank Of India & No Income Tax Return For The 2 Relevant Period Was Filed By The Assessee. During Proceedings Before The Cit(A), The Assessee Explained The Source Of The Cash Deposits. The Cit(A) Partly Accepted Explanation Furnished By The Assessee & Deleted Addition To The Extent Of Rs.7,36,500/- & Confirmed The Remaining Amount Of Rs.8,01,500/- On Presumptive & Estimated Basis. The Assessee Has Filed Appeal Against The Addition Confirmed By The Cit(A). The Ld. Counsel Submits That During The Relevant Period, The Assessee Had Deposited Cash In Bank On Five Dates As Under:- S.No Date Deposits 1 31.05.2011 49000 2 01.06.2011 49000 3 03.06.2011 500000 4 10.12.2011 150000 5(A) 28.03.2012 500000 5(B) 28.03.2012 290000

For Appellant: Shri Vikas Mishra, Chartered AccountantFor Respondent: Shri Sanjay Kumar, Sr. DR

Appellate proceedings, the CIT(A) granted relief to the assessee to the extent of Rs.7,36,500/-. Now, the assessee is in second appeal before the Tribunal seeking relief on the amount confirmed by the CIT(A) i.e. Rs.8,01,500/- After having perused the impugned order

Maharashtra Cricket Association, Pune vs. ACIT(E), Pune

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 975/PUN/2024[2012-13]Status: DisposedITAT Pune11 Apr 2025AY 2012-13

Bench: Shri Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.1387 & 975/Pun/2024 धििाारण वर्ा / Assessment Years : 2011-12 & 2012-13 Maharashtra Cricket Association, Acit(E), Pune Gahunje Stadium, At Post Gahunje, Thehsil-Maval, Pune-412101 Vs. Pan : Aaatm2192D अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri C.H. Naniwadekar & Kiran Sanmane Department By : Shri Amol Khairnar Date Of Hearing : 16-01-2025 Date Of 11-04-2025 Pronouncement : आदेश / Order Per Astha Chandra, Jm : Two Appeals Filed By The Assessee Are Directed Against The Two Separate Orders Dated 22.04.2024 & 12.03.2024 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)”] Pertaining To Assessment Years (“Ays”) 2011-12 & 2012-13. Since The Issue(S) Involved Are Identical, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri C.H. Naniwadekar &For Respondent: Shri Amol Khairnar
Section 11Section 2(15)

assessment order total income as per re-casted Income & Expenditure amounting to Rs.157807810 is confirmed.” 5. Dissatisfied, the assessee is in appeal before the Tribunal and all the grounds of appeal relate thereto. 6. The Ld. AR submitted that the assessee has been regularly filing its return of income