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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

Shree Aadinath Education and Charitable Trust, Surat vs. CIT (Exemption), Ahmedabad

In the result, these appeals of the assessee are allowed for statistical purpose

ITA 1128/SRT/2024[2024-25]Status: DisposedITAT Surat02 Jan 2025AY 2024-25

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.1123 & 1124/Srt/2024 (Assessment Years: 2021-22) (Physical Hearing) Surat Diamond Cutting & Polishing Vs. The Cit (Exemption), Cluster Spv Trust, Ahmedabad E-103, Jaldarshan Flats, Singanpur Road, Surat – 395004, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aavts3503M (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1125 & 1126/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Bavangam Navgam Bhavsar Care Vs. The Cit (Exemption), Charitable Trust, Ahmedabad Shop No.02, Plot No.220, Vinayak Nagar, 120 Ft Bamroli Road, Udhana, Surat - 394210 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaftb3929A (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1127 & 1128/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Shree Aadinath Educational & Vs. The Cit (Exemption), Charitable Trust, Ahmedabad C-401, Icon Heights, Brts Road, Puna, Saroli, Surat – 395010. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abits4657C (Appellant) (Respondent) Appellant By Shri Sapnesh Sheth, Ca Respondent By Shri Ravi Kant Gupta, Cit-Dr Date Of Hearing 02/01/2025 Date Of Pronouncement 02/01/2025

Section 12ASection 12A(1)(ac)Section 80G(5)

Form No.10AB was rejected and the provisional registration was also cancelled. 3. Aggrieved by the order of CIT(E), the assessee filed present appeal before the Tribunal. The learned Authorized Representative (ld. AR) submitted that order passed by the CIT(E) is an ex parte order, as the assessee could

Shree Aadinath Educational and Charitable Trust, Surat vs. CIT(Exemption), Ahmedabad

In the result, these appeals of the assessee are allowed for statistical purpose

ITA 1127/SRT/2024[2024-25]Status: DisposedITAT Surat02 Jan 2025AY 2024-25

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.1123 & 1124/Srt/2024 (Assessment Years: 2021-22) (Physical Hearing) Surat Diamond Cutting & Polishing Vs. The Cit (Exemption), Cluster Spv Trust, Ahmedabad E-103, Jaldarshan Flats, Singanpur Road, Surat – 395004, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aavts3503M (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1125 & 1126/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Bavangam Navgam Bhavsar Care Vs. The Cit (Exemption), Charitable Trust, Ahmedabad Shop No.02, Plot No.220, Vinayak Nagar, 120 Ft Bamroli Road, Udhana, Surat - 394210 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaftb3929A (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1127 & 1128/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Shree Aadinath Educational & Vs. The Cit (Exemption), Charitable Trust, Ahmedabad C-401, Icon Heights, Brts Road, Puna, Saroli, Surat – 395010. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abits4657C (Appellant) (Respondent) Appellant By Shri Sapnesh Sheth, Ca Respondent By Shri Ravi Kant Gupta, Cit-Dr Date Of Hearing 02/01/2025 Date Of Pronouncement 02/01/2025

Section 12ASection 12A(1)(ac)Section 80G(5)

Form No.10AB was rejected and the provisional registration was also cancelled. 3. Aggrieved by the order of CIT(E), the assessee filed present appeal before the Tribunal. The learned Authorized Representative (ld. AR) submitted that order passed by the CIT(E) is an ex parte order, as the assessee could

Bavangam Navgam Bha vs. Ar Care Charitable Trust, Suratvs.CIT (Exemption), Ahmedabad

In the result, these appeals of the assessee are allowed for statistical purpose

ITA 1125/SRT/2024[2024-25]Status: DisposedITAT Surat02 Jan 2025AY 2024-25

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.1123 & 1124/Srt/2024 (Assessment Years: 2021-22) (Physical Hearing) Surat Diamond Cutting & Polishing Vs. The Cit (Exemption), Cluster Spv Trust, Ahmedabad E-103, Jaldarshan Flats, Singanpur Road, Surat – 395004, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aavts3503M (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1125 & 1126/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Bavangam Navgam Bhavsar Care Vs. The Cit (Exemption), Charitable Trust, Ahmedabad Shop No.02, Plot No.220, Vinayak Nagar, 120 Ft Bamroli Road, Udhana, Surat - 394210 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaftb3929A (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1127 & 1128/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Shree Aadinath Educational & Vs. The Cit (Exemption), Charitable Trust, Ahmedabad C-401, Icon Heights, Brts Road, Puna, Saroli, Surat – 395010. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abits4657C (Appellant) (Respondent) Appellant By Shri Sapnesh Sheth, Ca Respondent By Shri Ravi Kant Gupta, Cit-Dr Date Of Hearing 02/01/2025 Date Of Pronouncement 02/01/2025

Section 12ASection 12A(1)(ac)Section 80G(5)

Form No.10AB was rejected and the provisional registration was also cancelled. 3. Aggrieved by the order of CIT(E), the assessee filed present appeal before the Tribunal. The learned Authorized Representative (ld. AR) submitted that order passed by the CIT(E) is an ex parte order, as the assessee could

Surat Diamond Cutting and Polishing Cluster Svp Trust, Surat vs. CIT(Exemption), Ahmedabad

In the result, these appeals of the assessee are allowed for statistical purpose

ITA 1124/SRT/2024[2021-22]Status: DisposedITAT Surat02 Jan 2025AY 2021-22

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.1123 & 1124/Srt/2024 (Assessment Years: 2021-22) (Physical Hearing) Surat Diamond Cutting & Polishing Vs. The Cit (Exemption), Cluster Spv Trust, Ahmedabad E-103, Jaldarshan Flats, Singanpur Road, Surat – 395004, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aavts3503M (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1125 & 1126/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Bavangam Navgam Bhavsar Care Vs. The Cit (Exemption), Charitable Trust, Ahmedabad Shop No.02, Plot No.220, Vinayak Nagar, 120 Ft Bamroli Road, Udhana, Surat - 394210 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaftb3929A (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1127 & 1128/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Shree Aadinath Educational & Vs. The Cit (Exemption), Charitable Trust, Ahmedabad C-401, Icon Heights, Brts Road, Puna, Saroli, Surat – 395010. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abits4657C (Appellant) (Respondent) Appellant By Shri Sapnesh Sheth, Ca Respondent By Shri Ravi Kant Gupta, Cit-Dr Date Of Hearing 02/01/2025 Date Of Pronouncement 02/01/2025

Section 12ASection 12A(1)(ac)Section 80G(5)

Form No.10AB was rejected and the provisional registration was also cancelled. 3. Aggrieved by the order of CIT(E), the assessee filed present appeal before the Tribunal. The learned Authorized Representative (ld. AR) submitted that order passed by the CIT(E) is an ex parte order, as the assessee could

Surat Diamond Cutting and Polishing Cluster Spv Trust, Surat vs. CIT (Exemption), Ahmedabad

In the result, these appeals of the assessee are allowed for statistical purpose

ITA 1123/SRT/2024[2021-22]Status: DisposedITAT Surat02 Jan 2025AY 2021-22

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.1123 & 1124/Srt/2024 (Assessment Years: 2021-22) (Physical Hearing) Surat Diamond Cutting & Polishing Vs. The Cit (Exemption), Cluster Spv Trust, Ahmedabad E-103, Jaldarshan Flats, Singanpur Road, Surat – 395004, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aavts3503M (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1125 & 1126/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Bavangam Navgam Bhavsar Care Vs. The Cit (Exemption), Charitable Trust, Ahmedabad Shop No.02, Plot No.220, Vinayak Nagar, 120 Ft Bamroli Road, Udhana, Surat - 394210 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaftb3929A (Appellant) (Respondent) आयकर अपील सं./Ita Nos.1127 & 1128/Srt/2024 (Assessment Years: 2024-25) (Physical Hearing) Shree Aadinath Educational & Vs. The Cit (Exemption), Charitable Trust, Ahmedabad C-401, Icon Heights, Brts Road, Puna, Saroli, Surat – 395010. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abits4657C (Appellant) (Respondent) Appellant By Shri Sapnesh Sheth, Ca Respondent By Shri Ravi Kant Gupta, Cit-Dr Date Of Hearing 02/01/2025 Date Of Pronouncement 02/01/2025

Section 12ASection 12A(1)(ac)Section 80G(5)

Form No.10AB was rejected and the provisional registration was also cancelled. 3. Aggrieved by the order of CIT(E), the assessee filed present appeal before the Tribunal. The learned Authorized Representative (ld. AR) submitted that order passed by the CIT(E) is an ex parte order, as the assessee could