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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

Karthikeyan, Thanjavur vs. ITO, Ward-, Thanjavur

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

ITA 3009/CHNY/2024[2013-14]Status: DisposedITAT Chennai24 Jan 2025AY 2013-14

Bench: Shri George George K & Shri Amitabh Shuklaआयकर अपील सं./Ita No.3009/Chny/2024 निर्धारण वर्ा /Assessment Year: 2013-14 Karthikeyan, Income Tax Officer, No.1175, Mela Street, Vs. Ward-1, Sadaiyarkoil, Thanjavur. Thanjavur, Sadayarkoil B.O. Tamil Nadu-614 019. [Pan: Anupk0210B] (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलधर्थी की ओर से/ Assessee By : Shri Kathir, Advocate प्रत्यर्थी की ओर से /Revenue By : Shri Eswaran, Jcit सुिवधई की तधरीख/Date Of Hearing : 21.01.2025 : 24.01.2025 घोर्णध की तधरीख /Date Of Pronouncement आदेश / O R D E R Per Amitabh Shukla, A.M : This Appeal Is Filed Against The Order Bearing Din & Order No.Itba/Nfac/S/250/2023-24/1057309596(1) Dated 25.10.2023 Of The Learned Commissioner Of Income Tax [Herein After “Cit(A), National Faceless Appeal Center[Nfac], Delhi, For The Assessment Years 2013-14. Through The Aforesaid Appeal The Assesse Has Challenged Order U/S 250 Dated 25.10.2023 Passed By Nfac, Delhi.

For Appellant: Shri Kathir, AdvocateFor Respondent: Shri Eswaran, JCIT
Section 144Section 250

been noted that there is a delay of 331 days in the case, in filing of this appeal before the tribunal. In its affidavit the assesse has pleaded that the assesse is not very familiar with the electronic functioning and therefore could not check the income tax portal or registered

Vellaisamy Duraipandy, Madurai vs. ITO, Ncw-2(1), Madurai

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

ITA 3005/CHNY/2024[2018-19]Status: DisposedITAT Chennai24 Jan 2025AY 2018-19

Bench: Shri George George K & Shri Amitabh Shuklaआयकर अपील सं./Ita No.3005/Chny/2024 निर्धारण वर्ा /Assessment Year: 2018-19 Vellaisamy Duraipandy, Income Tax Officer, No.70, Officers Town, Vs. Non-Corporate Ward-2(1), Meenambalpuram, Madurai Madurai-625002. [Pan: Aebpd0632E] (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलधर्थी की ओर से/ Assessee By : Shri T.Vasudevan, Advocate प्रत्यर्थी की ओर से /Revenue By : Shri Eswaran, Jcit सुिवधई की तधरीख/Date Of Hearing : 21.01.2025 : 24.01.2025 घोर्णध की तधरीख /Date Of Pronouncement आदेश / O R D E R Per Amitabh Shukla, A.M : This Appeal Is Filed Against The Order Bearing Din & Order No.Itba/Nfac/S/250/2024-25/1064942814(1) Dated 16.05.2024 Of The Learned Commissioner Of Income Tax [Herein After “Cit(A), National Faceless Appeal Center[Nfac], Delhi, For The Assessment Years 2018-19. Through The Aforesaid Appeal The Assesse Has Challenged Order U/S 250 Dated 16.05.2024 Passed By Nfac, Delhi.

For Appellant: Shri T.Vasudevan, AdvocateFor Respondent: Shri Eswaran, JCIT
Section 144Section 250

been noted that there is a delay of 127 days in the case, in filing of this appeal before the tribunal. In its affidavit the assesse has pleaded that the assesse is not very familiar with the electronic functioning and therefore could not check the income tax portal or registered

Kanhu Charan Couda, Nayagarh vs. ITO, Khurda Ward, Khurda

In the result, appeal of the assessee stands partly allowed for statistical purposes

ITA 481/CTK/2024[2017-18]Status: DisposedITAT Cuttack23 Jan 2025AY 2017-18

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalassessment Year : 2017-2018 Kanhu Charan Kanhu Charan Gouda Vs. Ito,Khordha Rohibanka, Odagaon, Nayagarh, Odagaon, Nayagarh, Khordha-7520 752090 Pan/Gir No. No.Aubpg 5312 Q (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri K. K. Bal, Adv Revenue By : Shri S.C.Mohanty, Sr Dr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 23/01/20 2025 Date Of Pronouncement : 23/01/20 025 O R D E R Per Bench This Is An This Is An Appeal Filed By The Assessee Against The Order Of The Ld Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Cit(A), Nfac, Nfac, Delhi Delhi Dated Dated 26.4.2024 In In Appeal Appeal No. No. Nfac/201617/10307 Nfac/201617/10307110 For The Assessment Year 2017-2018. 2018. 2. Shri K.K.Bal, K.K.Bal, Ld Ar Appeared For The Assessee & Shri The Assessee & Shri S.C.Mohanty, Sr. Dr Appeared For The Revenue. Dr Appeared For The Revenue.

For Appellant: Shri K. K. Bal, AdvFor Respondent: Shri S.C.Mohanty, Sr DR
Section 144

Assessment Year : 2017-2018 assessee came to know about the appellate order, he immediately contacted his counsel to file the appeal before the Tribunal, for which, there was delay of 144 days. It is prayed that the delay in filing the appeal be condoned and appeal be decided on merits

Vishan Chandra Gupta S/O Salig Ram 56-Lajpat Nagar, Karamchari Nagar Bareilly-243001, Bareilly vs. Income Tax Officer, Ward-1(1), Bareilly

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

ITA 173/LKW/2023[2011-12]Status: DisposedITAT Lucknow23 Jan 2025AY 2011-12

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2011-12 Vishan Chandra Gupta V. Income Tax Officer S/O Salig Ram, Ward 1(1) 56, Lajpat Nagar Bareilly Karamchari Marg Bareilly Tan/Pan:Anhpg7000J (Appellant) (Respondent) Appellant By: None Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 06 01 2025 Date Of Pronouncement: 23 01 2025 O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 14.03.2023, Passed By The Ld. Commissioner Of Income Tax (Appeal), National Faceless Appeal Centre (Nfac), Delhi For Assessment Year 2011-12. 2. The Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Year Under Consideration On 12.07.2012, Declaring A Total Income Of Rs.3,61,210/-. The Income Tax Department Was In Possession Of Air Information That The Assessee Had Deposited Cash Amounting To Rs.13,90,000/- In His Saving Bank Account During The Financial Year 2010-11 Relevant To The Assessment Year Under Consideration. The Assessing

For Appellant: NoneFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 143(2)Section 147Section 148

During the course of hearing, it was brought to my notice that there was a delay of 27 days in filing the appeal before the Tribunal. The assessee has filed an application dated 05.06.2023 for condonation of delay, duly supported by Medical Certificate, stating therein that the assessee was suffering