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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

Concern for Urban and Rural Development Society Curds, Kanakanagar vs. Income Tax Officer Exemptions Ward 1 Bangalore, Bangalore

ITA 2025/BANG/2024[2017-18]Status: DisposedITAT Bangalore17 Dec 2024AY 2017-18

Bench: Shri Laxmi Prasad Sahu & Shri Prakash Chand Yadavassessment Year : 2017-18 Concern For Urban & Rural Vs. The Income Tax Officer (Exemptions), Development Society Curds, Ward – 1, No.27, 17Th Cross, Kanakanagar, Bengaluru. R. T. Nagar, Bengaluru – 560 032. Pan : Aaaac 2980 J Appellant Respondent Assessee By : Shri. Siddesh Nagaraj Gaddi, Ca. Revenue By : Shri. Subramanian, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 03.11.2024 Date Of Pronouncement : 17.12.2024 O R D E R Per Laxmi Prasad Sahuthis Appeal Is Filed By The Assessee Against The Order Passed By The National Faceless Appeal Centre (Nfac) [Din & Order No.Itba/Nfac/S/250/2024-24/1069056284(1)] Dated 24.09.2024. 2. Briefly Stated, The Facts Of The Case Are That Assessee Filed Return Of Income Electronically On 28.03.2018 Declaring Nil Income. The Case Was Selected For Scrutiny Under Cass & Statutory Notices Were Issued To The Assessee. During The Course Of Assessment Proceedings, None Appeared On Page 2 Of 7

For Appellant: Shri. Siddesh Nagaraj Gaddi, CAFor Respondent: Shri. Subramanian, JCIT(DR)(ITAT), Bengaluru
Section 144Section 69

response from the assessee. Accordingly, the Assessment Order was confirmed by the CIT(A). 4. Aggrieved from the above Order, assessee filed appeal before the Tribunal. The learned Counsel for the assessee filed written submissions and the relevant part of the written submission is as under: 37. From the above

Sbpl Infrastructure Limited, Hyderabad vs. DCIT., Circle-3(1), Hyderabad

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

ITA 685/HYD/2024[2014-15]Status: DisposedITAT Hyderabad16 Dec 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.685/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2014-15) Sbpl Infrastructure Vs. Deputy Commissioner Limited Of Income Tax Hyderabad Circle-3(1) [Pan : Aaccs9014M] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Sashank Dundu, Ar रधजस् व द्वधरध/Revenue By: Shri M.Vijay Kumar,Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 04/12/2024 घोर्णध की तधरीख/Date Of 16/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A)], National Faceless Appeal Centre (Nfac), Delhi Dated 13.02.2024 & Pertains To A.Y.2014-15. 2. This Appeal Filed By The Assessee Is Time Barred By 94 Days. The Assessee Filed A Petition For Condonation Of Delay & Submitted That Shri Manoj Sharma, Chief Financial Officer Of The Appellant Company, Who Was Entrusted With The Job Of Looking

For Appellant: Shri Sashank Dundu, ARFor Respondent: Shri M.Vijay Kumar,CIT-DR
Section 14A

Disc Prolapse. The assessee filed a medical certificate in support thereof. As soon as he recovered, he immediately ensured preparation and filing of appeal before the Tribunal. The assessee submitted that the delay in filing the appeal with 94 days is due to the reasons, which are beyond the control ... case, the order of the Ld.CIT(A) was passed and served on the assessee on 14.02.2024 and the assessee ought to have filed appeal before the Tribunal on or before 14.04.2024 but the assessee could file appeal before the Tribunal on 17.07.2024 with the delay of 94 days. We find

Haridas, Pilibhit vs. ITO Range-2(4), Pilibhit

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

ITA 402/LKW/2024[2010-11]Status: DisposedITAT Lucknow13 Dec 2024AY 2010-11

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2010-11 Haridas V. The Income Tax Officer 418, Amaria, Sitarganj Marg Range 2(4) Pilibhit (U.P) Pilibhit Tan/Pan:Apqph6916R (Appellant) (Respondent) Appellant By: Shri K. R. Rastogi, C.A. Respondent By: Shri Sunil Kumar Rajwanshi, D.R. Date Of Hearing: 12 12 2024 Date Of Pronouncement: 13 12 2024 O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 19.01.2024, Passed By The Ld. Commissioner Of Income Tax (Appeal), National Faceless Appeal Centre (Nfac), Delhi For Assessment Year 2010-11. 2. The Brief Facts Of The Case Are That As Per Air Information Received In The Office Of The Income Tax Department, It Was Noted That The Assessee Had Deposited A Sum Of Rs.12,01,000/- In His Saving Bank Account During The Year Under Consideration. The Assessee Had Not Filed His Return Of Income For The Year Under Consideration. The Assessing Officer (Ao) Issued Statutory Notices To The Assessee. However, There Was No Compliance From The Side Of The Assessee. The Ao

For Appellant: Shri K. R. Rastogi, C.AFor Respondent: Shri Sunil Kumar Rajwanshi, D.R
Section 147Section 148

Authorized Representative for the assessee (Ld. A.R.) submitted that there is a delay of 100 days in filing the appeal before the Tribunal. He submitted that the assessee had filed an application dated 28.06.2024 for condonation of delay, ITA No.402/LKW/2024 Page 4 of 7 duly supported by an Affidavit

Badrinath Shreenivas, Bangalore, Karnataka vs. The Income Tax Officer, Ward-1(2)(3), Vadodara

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

ITA 1055/AHD/2024[2011-12]Status: DisposedITAT Ahmedabad13 Dec 2024AY 2011-12

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1055/Ahd/2024 िनधा"रण वष" /Assessment Year : 2011-12 Badrinath Shreenivas The Ito बनाम/ 605/A, 80 Feet Double Road Ward-1(2)(3) V/S. Rmv Club Vadodara – 390 015 Rmv Extension Ii Stage S.O. Bangalore North, Bangalore 15-Karnataka, 91-India Karnataka – 560 094 (Karnataka) "थायी लेखा सं./Pan: Adpps 0435 H अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Veeresh Budati, Ar Revenue By : Shri Nitin Vishnu Kulkarni, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 11/12/2024 घोषणा की तारीख /Date Of Pronouncement: 13/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Veeresh Budati, ARFor Respondent: Shri Nitin Vishnu Kulkarni, Sr.DR
Section 144Section 148Section 250

outset, it is noted that there is a delay of 23 days on the part of the assessee in filing the appeal before the Tribunal. In this regard, the assessee has filed an Affidavit seeking condonation of the said delay on medical grounds. 3.1. Keeping in view the reason given ... satisfied that there was reasonable and sufficient cause for the delay of 23 days on the part of the assessee in filing the appeal before the Tribunal and even learned Departmental Representative (DR) has not raised any material objection in this regard. We, therefore, in the interest of justice, condone