← All Phrases

“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

Vijay Fomra, Kolkata vs. ITO, Ward 40(1), Kolkata

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

ITA 2729/KOL/2025[2016-2017]Status: DisposedITAT Kolkata02 Feb 2026AY 2016-2017

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2729/Kol/2025 Assessment Year: 2016-17 Vijay Fomra…………………..………………....…………………....Appellant 57, Fomra House Burtolla Street, Burrabazar, Kol-7.. [Pan: Aadpf7609P] Vs. Ito, Ward-40(1), Kolkata..…….……....…..………………….…..... Respondent Appearances By: Shri Sonal Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri Mrinmoy Basak, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 02, 2026 Date Of Pronouncing The Order : February 02, 2026 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Addl/Jcit(A)-2, Pune (Hereinafter Referred To As “Ld. Cit(A)”) Dated 15.09.2025 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That The Assessee Filed Return Of Income Declaring A Total Income Of ₹4,98,860. The Case Of The Assessee Was Selected For Limited Scrutiny Through Cass. The Assessing Officer Completed Assessment U/S 143(3) By Making Certain Additions. 3. Aggrieved By The Assessment Order, The Assessee Preferred An Appeal Before The Cit(A). However, There Was A Delay Of 74 Days In Filing The Appeal. The Learned Cit(A) Dismissed The Appeal Solely On The

Section 143(3)Section 250

appeal solely on the I.T.A. No.2729/Kol/2025 Vijay Fomra ground of delay, without adjudicating the issues on merits. Being dissatisfied, the assessee is in appeal before the Tribunal. 4. The learned counsel for the assessee submitted that the learned CIT(A) dismissed the appeal merely on technical grounds without granting

Latthe Education Societys Employees Co Operative Credit Soc Ltd, Sangli vs. Income Tax Officer, Sangli

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2331/PUN/2025[2020-21]Status: DisposedITAT Pune30 Jan 2026AY 2020-21

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2331/Pun/2025 िनधा"रण वष" / Assessment Year : 2020-21 Latthe Education Society Vs. Assessment Unit, Employees Co-Operative Income Tax Department. Credit Soc. Ltd., Gajanan Complex, G. A. College Of Commerce, Sangli- 416416. Pan : Aaaal0118K Appellant Respondent Assessee By : None Revenue By : Shri R. Y. Balawade Date Of Hearing : 28.01.2026 Date Of Pronouncement : 30.01.2026 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.09.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2020-21. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Of The Case & In Law The Cit(A), Nfac Erred In Confirming The Action Of The Ao Of Denying Deduction Under Section 80P In Respect Interest Earned By The Appellant Society On Deposits With Other Co-Operative Banks, Not Accepting The Submission Of The Appellant In This Respect.

For Appellant: NoneFor Respondent: Shri R. Y. Balawade
Section 143(3)Section 80PSection 80P(2)(a)

/NFAC dismissed the appeal without condoning the delay. 5. It is the above order against which the assessee is in appeal before the Tribunal. 3 6. When the appeal was called for hearing, neither anybody appeared from the side of the assessee nor any application for adjournment was filed