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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

Shri Mahmadhusen Salmanji Gandhi, Jamnagar vs. The Pr. CIT-Jamnagar, Jamnagar

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

ITA 150/RJT/2024[2015-16]Status: DisposedITAT Rajkot28 Feb 2025AY 2015-16

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.150/Rjt/2024 निर्धारणवर्ष /Assessment Year: 2015-16 Mahmadhusen Salmanji Gandhi The Pr.Cit C/O. Ca Govind Sonecha बनाम Jamanagar. "S&A House”, Nr.Golden City 80Ft. Road, Khodiyar Colony B/H. Saru Section Vs. Police Headquarters, Jamnagar. Pan : Aaqpg 8128 H (अपीलार्थी/Appellant) : (प्रत्यर्थी/Respondent) निर्धारिती की ओर से/Assessee By : Ms.Amoli Gusani, Ld.Ar राजस्व की ओर से/Revenue By : Shri Sanjay Punglia, Yadav, Ld.Cit-Dr सुनवाई की तारीख /Date Of Hearing : 22/01/2025 घोषणा की तारीख/Date Of Pronouncement : 28/02/2025 Order Per Dr. Arjun Lal Saini; By Way Of This Appeal, The Assessee Has Challenged The Correctness Of The Order Passed By The Learned Pr.Commissioner Of Income Tax, Jamnagar [In Short 'Ld.Pr.Cit”], Under Section 263 Of The Income-Tax Act, 1961 (Hereinafter Referred To As 'The Act'), Dated 05.01.2024, For The Assessment Year 2015-16. 2. At The Outset, The Ld.Counsel For The Assessee Submitted That The Assessee Had Died On 20.04.2021 & The Ld.Pr.Cit Issued Show -Cause Notice On 22.12.2023, Therefore, The Show Cause Notice Was Issued By The Ld.Pr.Cit, On The Dead Person, Therefore, The Order Passed By The Ld.Pr.Cit Should Be Quashed. Shri Mahmadhusen Salmanji Gandhi Vs. Pr.Cit

For Appellant: Ms.Amoli Gusani, Ld.ARFor Respondent: Shri Sanjay Punglia, Yadav, ld.CIT-DR
Section 263

death certificate of the assessee. However, the fact is that during the assessment proceedings as well as while filing the appeal before the Tribunal, the legal heir brought on record in form no.36 and the legal heir/representative signed the appeal memo of Form No.36. The ld.DR also took us through

Gram Urja Human Development Foundation, Ambajogai vs. CIT, Pune

Accordingly, the appeal of assessee is allowed for statistical purposes

ITA 2740/PUN/2024[2025-2026]Status: DisposedITAT Pune28 Feb 2025AY 2025-2026

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.2739 & 2740/Pun/2024 Gram Urja Human Development Foundation, Gramurja Foundation, Vidyut Nagar, Morewadi, Ambajogai – 431517 Pan: Aaicg6193P अपीलार्थी / Appellant Assessee By : Department By : Date Of Hearing : Date Of Pronouncement : Cit (Exemption), Pune Vs. प्रत्यर्थी / Respondent Shri Amar Sabale & Adv. Rajdeep A. Dikonda Shri Amol Khairnar 13-01-2025 28-01-2025 आदेश / Order Per Astha Chandra, Jm : Two Appeals Filed By The Assessee Are Directed Against The Two Separate Order(S) Both Dated 06.12.2024 Of The Ld. Commissioner Of Income Tax (Exemption), Pune [“Cit(E)"] Whereby He Rejected The Application Of The Assessee Filed Before Him In Form No. 10Ab U/S 12A(1)(Ac)(Iii) & Section 80G(5)(Iii) Of The Income Tax Act, 1961 (The "Act") Filed On 29.08.2024. These Were Heard Together & Are Being Disposed Of By This Order.

For Appellant: Department byFor Respondent: Date of hearing
Section 12ASection 12A(1)(ac)Section 80G(5)(iii)

objects. Therefore, the undersigned has left no alternative but to reject the application." 3 ITA Nos.2739 & 2740/PUN/2024 4. Dissatisfied, the assessee is in appeal before the Tribunal. 5. The Ld. AR submitted that there was no intentional non-appearance before the Ld. CIT(E). As can be seen from ... section (5) of section 80G of the Income Tax Act, 1961 filed by the assessee is hereby rejected." Aggrieved, the assessee is in appeal before the Tribunal by raising the following grounds of appeal : "1. The Id CIT Exemption erred in law and on facts in rejection of application

Gram Urja Human Development Foundation, Ambejogai vs. CIT, Pune

Accordingly, the appeal of assessee is allowed for statistical purposes

ITA 2739/PUN/2024[2025-2026]Status: DisposedITAT Pune28 Feb 2025AY 2025-2026

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.2739 & 2740/Pun/2024 Gram Urja Human Development Foundation, Gramurja Foundation, Vidyut Nagar, Morewadi, Ambajogai – 431517 Pan: Aaicg6193P Vs. Cit (Exemption), Pune अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Amar Sabale & Adv. Rajdeep A. Dikonda Department By : Shri Amol Khairnar Date Of Hearing : 13-01-2025 Date Of Pronouncement : 28-01-2025 आदेश / Order Per Astha Chandra, Jm : Two Appeals Filed By The Assessee Are Directed Against The Two Separate Order(S) Both Dated 06.12.2024 Of The Ld. Commissioner Of Income Tax (Exemption), Pune [“Cit(E)"] Whereby He Rejected The Application Of The Assessee Filed Before Him In Form No. 10Ab U/S 12A(1)(Ac)(Iii) & Section 80G(5)(Iii) Of The Income Tax Act, 1961 (The "Act") Filed On 29.08.2024. These Were Heard Together & Are Being Disposed Of By This Order.

For Appellant: Shri Amar Sabale &For Respondent: Shri Amol Khairnar
Section 12ASection 12A(1)(ac)Section 80G(5)(iii)

purpose of achieving its objects. Therefore, the undersigned has left no alternative but to reject the application." 4. Dissatisfied, the assessee is in appeal before the Tribunal. 5. The Ld. AR submitted that there was no intentional non-appearance before the Ld. CIT(E). As can be seen from ... section (5) of section 80G of the Income Tax Act, 1961 filed by the assessee is hereby rejected." Aggrieved, the assessee is in appeal before the Tribunal by raising the following grounds of appeal : "1. The Id CIT Exemption erred in law and on facts in rejection of application