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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

DCIT, Circle - 1 (1), Trichy vs. Shri P.S. Jayaraman, Ariyalur

In the result, the appeal filed by the Revenue is dismissed

ITA 3082/CHNY/2019[2010-11]Status: DisposedITAT Chennai23 Jan 2025AY 2010-11

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.3082/Chny/2019 िनधा"रण वष"/Assessment Year: 2010-11 The Deputy Commissioner Of Vs. Shri P.S. Jayaraman, Income Tax, Circle 1(1), Prop: Ramajayam Transports & No. 44, Williams Road, Cantonment, Contracts, Kamaraj Nagar, Trichy 620 001. Ariyalur 621 704. [Pan: Agrpj9114D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. E. Pavuna Sundari, Addl.Cit ""थ" की ओर से/Respondent By : Shri N. Quadir Hoseyn, Advocate & Dr. L. Natarajan, Ca सुनवाई की तारीख/ Date Of Hearing : 09.01.2025 घोषणा की तारीख /Date Of Pronouncement : 23.01.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 24.07.2019 Passed By The Ld. Commissioner Of Income Tax (Appeals)-1, Trichy, For The Assessment Year 2010-11. 2. At The Outset, We Note That Vide Order Dated 05.01.2024 In Mp No. 60/Chny/2023, The Appeal Order Dated 14.12.2022, Which Was Dismissed On Low Tax Effect, Has Been Restored On The Ground That There Is Rap Audit Objection.

For Appellant: Ms. E. Pavuna Sundari, Addl.CITFor Respondent: Shri N. Quadir Hoseyn, Advocate &

before the Tribunal as per the CBDT Circular No. 09/2024, dated 17.09.2024 and being so, the Revenue authorities are precluded from filing the appeal before the Tribunal, since the tax effect is less than ₹.60,00,000/- in this appeal. Thus, the appeal filed by the Revenue is liable

Dhanush Foundation, Hyderabad vs. ITO(Exemptions), Ward-1(1), Hyderabad

In the result, appeals filed by the assessee are allowed for statistical purpose

ITA 1221/HYD/2024[2024-25]Status: DisposedITAT Hyderabad22 Jan 2025AY 2024-25

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1220/Hyd/2024 & 1221/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2024-25) Dhanush Foundation Vs. Income Tax Officer Hyderabad (Exemptions) [Pan :Aadtd1195L] Ward-1(1) Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assesseee By: Shri A.V.Raghuram, Ar Shri M.Narmada, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 22/01/2025 घोर्णध की तधरीख/Date Of 22/01/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Appeals Filed By The Assessee Are Directed Against The Orders Dated 28.09.2024 Of The Learned Commissioner Of Income Tax (Exemption) [Ld.Cit(E)], Hyderabad, Pertaining To A.Y.2024- 25. Since The Facts Are Identical & The Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Assessee Are Heard Together & Disposed Of By This Consolidated Order.

Section 10ASection 12A

Trust / Society u/s 12AB and 80G of the Act as infructuous. 3. Aggrieved by the Ld.CIT(E) order, the assessee is now in appeal before the Tribunal. 4. The learned counsel for the assessee referring to order of the Ld.CIT(E) submitted that the assessee has furnished part information called

Dhanush Foundation, Hyderabad vs. ITO(Exemptions), Ward-1(1), Hyderabad

In the result, appeals filed by the assessee are allowed for statistical purpose

ITA 1220/HYD/2024[2024-25]Status: DisposedITAT Hyderabad22 Jan 2025AY 2024-25

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1220/Hyd/2024 & 1221/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2024-25) Dhanush Foundation Vs. Income Tax Officer Hyderabad (Exemptions) [Pan :Aadtd1195L] Ward-1(1) Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assesseee By: Shri A.V.Raghuram, Ar Shri M.Narmada, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 22/01/2025 घोर्णध की तधरीख/Date Of 22/01/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Appeals Filed By The Assessee Are Directed Against The Orders Dated 28.09.2024 Of The Learned Commissioner Of Income Tax (Exemption) [Ld.Cit(E)], Hyderabad, Pertaining To A.Y.2024- 25. Since The Facts Are Identical & The Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Assessee Are Heard Together & Disposed Of By This Consolidated Order.

Section 10ASection 12A

Trust / Society u/s 12AB and 80G of the Act as infructuous. 3. Aggrieved by the Ld.CIT(E) order, the assessee is now in appeal before the Tribunal. 4. The learned counsel for the assessee referring to order of the Ld.CIT(E) submitted that the assessee has furnished part information called