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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

Vikram Reddy, Chennai vs. ITO, Ncw-18(5), Chennai

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 311/CHNY/2025[2017-18]Status: DisposedITAT Chennai20 Mar 2025AY 2017-18

Bench: Shri George George K., Vice- & Shri S.R. Raghunathaआयकरअपीलसं./Ita Nos.: 310 & 311/Chny/2025 िनधा"रणवष" / Assessment Year: 2017-18 Vikram Reddy, Income Tax Officer, 202, Lotus Serviced Apartments Vs. Non Corporate Ward - 18(5), 15, Venkataraman Street, Chennai. Thiyagaraya Nagar, Chennai 600 017. [Pan: Aqzpv5520B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By Ms. T.V. Muthu Abirami, Advocate : ""थ" की ओर से/Respondent By Shri A. Sasikumar, Cit : सुनवाई की तारीख/ Date Of Hearing 19.03.2025 : घोषणा की तारीख /Date Of Pronouncement : 20.03.2025 आदेश /O R D E R Per S. R. Raghunatha:

Section 142(1)Section 144Section 270ASection 69

delay. However, by rejecting the condonation petition, the ld. CIT(A) dismissed the appeal. On being aggrieved, the assessee carried the matter in appeal before the Tribunal. 5. The ld. AR for the assessee submits that the assessee duly submitted petition for condonation of delay in filing the appeal before ... assessee. On appeal, the ld. CIT(A) dismissed the appeal filed by the assessee. 9. On being aggrieved, the assessee is in appeal before the Tribunal against levy of penalty under section 270A of the Act. Since the quantum addition made by the Assessing Officer under section

Vikram Reddy, Chennai vs. ITO, Ncw-18(5), Chennai

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 310/CHNY/2025[2017-18]Status: DisposedITAT Chennai20 Mar 2025AY 2017-18

Bench: Shri George George K., Vice- & Shri S.R. Raghunathaआयकरअपीलसं./Ita Nos.: 310 & 311/Chny/2025 िनधा"रणवष" / Assessment Year: 2017-18 Vikram Reddy, Income Tax Officer, 202, Lotus Serviced Apartments Vs. Non Corporate Ward - 18(5), 15, Venkataraman Street, Chennai. Thiyagaraya Nagar, Chennai 600 017. [Pan: Aqzpv5520B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By Ms. T.V. Muthu Abirami, Advocate : ""थ" की ओर से/Respondent By Shri A. Sasikumar, Cit : सुनवाई की तारीख/ Date Of Hearing 19.03.2025 : घोषणा की तारीख /Date Of Pronouncement : 20.03.2025 आदेश /O R D E R Per S. R. Raghunatha:

Section 142(1)Section 144Section 270ASection 69

delay. However, by rejecting the condonation petition, the ld. CIT(A) dismissed the appeal. On being aggrieved, the assessee carried the matter in appeal before the Tribunal. 5. The ld. AR for the assessee submits that the assessee duly submitted petition for condonation of delay in filing the appeal before ... assessee. On appeal, the ld. CIT(A) dismissed the appeal filed by the assessee. 9. On being aggrieved, the assessee is in appeal before the Tribunal against levy of penalty under section 270A of the Act. Since the quantum addition made by the Assessing Officer under section

The Central Government Staff Cooperative Thrift & Credit Society Limited, Chennai vs. Income Tax Officer, National E-Assessment Centre, Delhi

In the result, all the appeals filed by the assessee are allowed

ITA 274/CHNY/2025[2020-2021]Status: DisposedITAT Chennai20 Mar 2025AY 2020-2021

Bench: Shri George George Kand Shri S.R. Raghunathaआयकरअपीलसं/.Ita Nos.:269, 270, 271, 272, 273 & 274/Chny/2025 िनधा"रणवष"/Assessment Years: 2012-13, 2013-14, 2016-17& 2017-18, 2018-19 & 2020-21 The Central Government Staff Income Tax Officer, Cooperative Thrift & Credit Society Vs. Non-Corporate Ward-3(5), Limited, No. 4, Noor Veerasamy Street, Chennai. Nungambakkam, Chennai 600 034. [Pan: Aabat-8783-D] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri R. Ganesan, C.A. ""यथ"क"ओरसे/Respondent By : Shri A. Sasikumar, Cit सुनवाईक"तारीख/Date Of Hearing : 19.03.2025 घोषणाक"तारीख/Date Of Pronouncement : 20.03.2025 आदेश/ O R D E R Per George George K: These Six Appeals Filed At The Instance Of The Assessee Are Directed Against Six Separate Orders Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dated 11.12.2024 For The Assessment Years 2012-13, 2013-14, 2017-18, 2018-19 & 2020-21 & Dated 10.12.2024 For The Assessment Year 2016-17, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’).

For Appellant: Shri R. Ganesan, C.AFor Respondent: Shri A. Sasikumar, CIT
Section 250Section 80PSection 80P(2)(d)Section 80P(4)

accordingly, ld. CIT(A) confirmed the addition and dismissed the ground raised by the assessee. 7. On being aggrieved, the assessee is in appeal before the Tribunal. 8. Before us, by filing detailed written submissions, the ld. Counsel for the assessee has submitted that the fixed deposits received from ... operative Societies registered under the Kerala Co-operative Societies Act are eligible for deduction. The contra consideration of Commissioner of Income Tax (Appeals) and the Tribunal is incorrect and liable to be modified as stated above. Hence, it is held that the interest income earned by the assessee does

The Central Government Staff Cooperative Thrift & Credit Society Limited, Chennai vs. Income Tax Officer, National E-Assessment Centre, Delhi

In the result, all the appeals filed by the assessee are allowed

ITA 273/CHNY/2025[2018-2019]Status: DisposedITAT Chennai20 Mar 2025AY 2018-2019

Bench: Shri George George Kand Shri S.R. Raghunathaआयकरअपीलसं/.Ita Nos.:269, 270, 271, 272, 273 & 274/Chny/2025 िनधा"रणवष"/Assessment Years: 2012-13, 2013-14, 2016-17& 2017-18, 2018-19 & 2020-21 The Central Government Staff Income Tax Officer, Cooperative Thrift & Credit Society Vs. Non-Corporate Ward-3(5), Limited, No. 4, Noor Veerasamy Street, Chennai. Nungambakkam, Chennai 600 034. [Pan: Aabat-8783-D] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri R. Ganesan, C.A. ""यथ"क"ओरसे/Respondent By : Shri A. Sasikumar, Cit सुनवाईक"तारीख/Date Of Hearing : 19.03.2025 घोषणाक"तारीख/Date Of Pronouncement : 20.03.2025 आदेश/ O R D E R Per George George K: These Six Appeals Filed At The Instance Of The Assessee Are Directed Against Six Separate Orders Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dated 11.12.2024 For The Assessment Years 2012-13, 2013-14, 2017-18, 2018-19 & 2020-21 & Dated 10.12.2024 For The Assessment Year 2016-17, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’).

For Appellant: Shri R. Ganesan, C.AFor Respondent: Shri A. Sasikumar, CIT
Section 250Section 80PSection 80P(2)(d)Section 80P(4)

accordingly, ld. CIT(A) confirmed the addition and dismissed the ground raised by the assessee. 7. On being aggrieved, the assessee is in appeal before the Tribunal. 8. Before us, by filing detailed written submissions, the ld. Counsel for the assessee has submitted that the fixed deposits received from ... operative Societies registered under the Kerala Co-operative Societies Act are eligible for deduction. The contra consideration of Commissioner of Income Tax (Appeals) and the Tribunal is incorrect and liable to be modified as stated above. Hence, it is held that the interest income earned by the assessee does