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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, Central Circle -3, Surat vs. Bharatbhai Kanjibhai Kakadiya, Surat

In the result, deletion of unsecured loan of Rs

ITA 391/SRT/2023[2016-17]Status: DisposedITAT Surat24 Mar 2025AY 2016-17

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.391/Srt/2023 Assessment Year: (2016-17) (Physical Court Hearing) Assistant Commissioner Of Bharatbhai Kanjibhai Kakadiya Income-Tax, Central Circle-3, Vs. 27, Hans Society, Varachha Road, Surat, Room No.507, 5Th Floor, Varachha, Surat-395 006 Aatyakar Bhawan, Majura Gate,Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Afmpk 5646 M (अपीलाथ"/Appellant) (""थ" /Respondent) आयकर अपील सं./Ita No.312/Srt/2023 Assessment Year: (2016-17) Bharatbhai Kanjibhai Kakadiya Assistant Commissioner Of 27, Hans Society, Varachha Road, Vs. Income-Tax, Central Circle-3, Varachha, Surat-395 006 Surat, Room No.507, 5Th Floor, Aatyakar Bhawan, Majura Gate,Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Afmpk 5646 M (अपीलाथ"/Appellant) (""थ" /Respondent)

Section 132(4)Section 147Section 250Section 44ASection 68

Rs.13,000/- as against addition of Rs.1,13,500/-. 5. Aggrieved by the order of CIT(A) both Revenue and assessee filed appeal before the Tribunal. The Ld. Senior DR for the Revenue strongly supported the order of AO. He submitted that information regarding bogus loan from 38 parties were

Arif Munir, Kanpur vs. Income Tax Officer-(2)(1)(2), Kanpur

In the result, the appeal of the assessee stands allowed

ITA 6/LKW/2025[2017-18]Status: DisposedITAT Lucknow24 Mar 2025AY 2017-18

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Arif Munir V. The Ito(2)(1)(2) 13/397, Vip Road Kanpur Near Green Park Civil Lines, Kanpur Tan/Pan:Afjpm1226J (Appellant) (Respondent) Appellant By: Shri Pranendra Mirdha, Advocate Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 18 03 2025 Date Of Pronouncement: 24 03 2025 O R D E R This Appeal Has Been Preferred By The Assessee Against Order Dated 28.02.2024, Passed By The Addl/Jcit(A)-1, Kolkata For Assessment Year 2013-14. 2. The Brief Facts Of The Case Are That The Assessee E-Filed His Return Of Income For The Year Under Consideration On 30.07.2017, Declaring A Total Income Of Rs.5,92,280/-. The Case Of The Assessee Was Selected For Scrutiny Under Cass. During The Course Of Assessment Proceedings, In Response To The Queries Raised By The Assessing Officer (Ao), The Submission On Behalf Of The Assessee Was That Rs.2,44,000/- Was Deposited In His Bank Account Maintained With Hdfc Bank Limited Out Of His & His Wife’S Past Savings. Not Being Satisfied With The Reply Furnished

For Appellant: Shri Pranendra Mirdha, AdvocateFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 115BSection 143(3)Section 154Section 271ASection 69ASection 80C

ground. 5. The Ld. Authorized Representative for the assessee (Ld. A.R.) submitted that there is a delay of 245 days in filing the appeal before the Tribunal. He further submitted that the assessee had filed an application dated 03.01.2025 for condonation of delay, duly supported by an Affidavit, stating therein