← 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

K.G. Boopathi, Vellore vs. ITO, Ward-2, Vellore

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

ITA 2372/CHNY/2024[2017-18]Status: DisposedITAT Chennai22 Jan 2025AY 2017-18

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.2372 /Chny/2024 निर्ाारण वर्ा /Assessment Years: 2017-18 K.G.Boopathi, Income Tax Officer, Periya Kasinaickappati Village & Non Corp, Ward-2, Post, Kandili Tirupattur, Vellore Vellore-635901. [Pan: Apdpb5581R] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri M.Karunakaran, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.Sheila Parthasarthy, Addl.Cit सुिवाई की तारीख/Date Of Hearing : 02.12.2024 घोर्णा की तारीख /Date Of Pronouncement : 22.01.2025 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/250/2023-24/1057454214(1) Dated 27.10.2023 Of The Learned Commissioner Of Income Tax [Herein After “Cit(A), National Faceless Appeal Center[Nfac], Delhi, For The Assessment Years 2017- 18. Through The Aforesaid Appeal The Assesse Has Challenged Order U/S 250 Dated 27.10.2023 Passed By Nfac, Delhi. 2.0 It Has Been Noted That There Is A Delay Of 255 Days In The Case, In Filing Of This Appeal Before The Tribunal. In Its Affidavit The Assesse Has Pleaded That The Ld.Cit(A) Had Called For A Remand Report From The Ld. Ao, Consequent To Which Assessee Had Filed Requested Details Before The Page - 1 - Of 4 :- 2 -:

For Appellant: Shri M.Karunakaran, AdvocateFor Respondent: Ms.Sheila Parthasarthy, Addl.CIT
Section 144Section 144ASection 250

NFAC, Delhi. 2.0 It has been noted that there is a delay of 255 days in the case, in filing of this appeal before the tribunal. In its affidavit the assesse has pleaded that the Ld.CIT(A) had called for a remand report from the Ld. AO, consequent to which

Ufx Ventures Pvt. Ltd., Chennai vs. DCIT, CC-3(2), Chennai

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

ITA 2358/CHNY/2024[2012-13]Status: DisposedITAT Chennai22 Jan 2025AY 2012-13

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.2358 /Chny/2024 निर्ाारण वर्ा /Assessment Years: 2012-13 Ufx Ventures Private Limited, Deputy Commissioner Of Income Tax, No.33/1, Wallajah Road, Corporate Circle-3(2), Chepauk, Chennai. Chennai-600 002. [Pan: Aabcc4581E] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Ms.Shilpa Susan Kuraichan, Ca प्रत्यर्थी की ओर से /Revenue By : Ms.Sheila Parthasarthy, Addl.Cit सुिवाई की तारीख/Date Of Hearing : 04.12.2024 घोर्णा की तारीख /Date Of Pronouncement : 22.01.2025 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/250/2024-25/1066180820(1) Dated 28.06.2024 Of The Learned Commissioner Of Income Tax [Herein After “Cit(A), National Faceless Appeal Center[Nfac], Delhi, For The Assessment Years 2012- 13. Through The Aforesaid Appeal The Assesse Has Challenged Order U/S 250 Dated 28.06.2024 Passed By Nfac, Delhi. 2.0 It Has Been Noted That There Is A Delay Of 12 Days In The Case, In Filing Of This Appeal Before The Tribunal. In Its Affidavit The Director Of Assessee Company Has Pleaded That There Was A Family Function At The Native Place As A Result Of Which Appeal Got Delayed .All These Activities Page - 1 - Of 5 :- 2 -:

For Appellant: Ms.Shilpa Susan Kuraichan, CAFor Respondent: Ms.Sheila Parthasarthy, Addl.CIT
Section 143(3)Section 250

NFAC, Delhi. 2.0 It has been noted that there is a delay of 12 days in the case, in filing of this appeal before the tribunal. In its affidavit the Director of assessee Company has pleaded that there was a family function at the native place as a result

Syed Abdul Cader, Chennai vs. Commissioner of Income Tax Appeal, NFAC Delhi

In the result, the appeal of the assessee is partly allowed

ITA 1794/CHNY/2024[2017-2017]Status: DisposedITAT Chennai22 Jan 2025AY 2017-2017

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1794 /Chny/2024 निर्ाारण वर्ा /Assessment Years: 2017-18 Syed Abdul Cader, Income Tax Officer, Old No.7, New No.15, 1St Floor, Non Corp, Ward-12(1), Ebrahim Sahib, 2Nd Lane, Chennai Mannady, Chennai-600001. [Pan: Aadpc7099J] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri D.Anand, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.Sheila Parthasarthy, Addl.Cit सुिवाई की तारीख/Date Of Hearing : 02.12.2024 घोर्णा की तारीख /Date Of Pronouncement : 22.01.2025 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/250/2023-24/1060039730(1) Dated 23.01.2024 Of The Learned Commissioner Of Income Tax [Herein After “Cit(A), National Faceless Appeal Center[Nfac], Delhi, For The Assessment Years 2017- 18. Through The Aforesaid Appeal The Assesse Has Challenged Order U/S 250 Dated 23.01.2024 Passed By Nfac, Delhi. 2.0 It Has Been Noted That There Is A Delay Of 114 Days In The Case, In Filing Of This Appeal Before The Tribunal. In Its Affidavit The Assesse Has Pleaded That It Did Not Receive The Appellate Order Of The Ld.Cit(A) Which Was Electronically Transmitted, As A Result Of Which He Was Not Aware Of It. Page - 1 - Of 4 :- 2 -:

For Appellant: Shri D.Anand, AdvocateFor Respondent: Ms.Sheila Parthasarthy, Addl.CIT
Section 143(3)Section 250

NFAC, Delhi. 2.0 It has been noted that there is a delay of 114 days in the case, in filing of this appeal before the tribunal. In its affidavit the assesse has pleaded that it did not receive the appellate order of the Ld.CIT(A) which was electronically transmitted